Bad Check Laws In Minnesota

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Individuals experiencing desperate times may consider writing checks with the knowledge that the bank will not honor it when presented. This could be due to the account being closed, insufficient funds, or writing a check on an account that does not exist. Individuals and families struggling to afford necessities such as groceries and heating costs often feel overwhelmed and stressed with their difficult situation and decide to risk civil or criminal penalties by writing a bad check. Although this practice is intentional there is the possibility that the individual made a mathematical error or other honest mistake and believed the check they wrote would be honored by the bank. Regardless of the reason for the bad check, laws in Minnesota penalize those who write checks dishonored by a bank and enlisting in the assistance of an experienced lawyer who can proficiently argue and negotiate the facts of the case on the client's behalf may offer alternative legal options for the defendant.


Current Minnesota statutes indicate that anyone issuing a check with the knowledge that it will not be paid will be ordered by the court to provide restitution in addition to being subjected to criminal sentencing. The penalties incurred for writing a bad check vary according to the dollar amount of the individual check in question and if there were other similar instances within a six-month period. Minnesota laws also carefully outline a proof of intent necessary to continue with the case that the individual issuing the check intentionally wrote it with the knowledge it would not be honored. Given the significant fines and imprisonment up to five years depending on the dollar amount involved and whether the crime is classified as a misdemeanor or felony, promptly finding an attorney is essential.

Attorneys experienced in Minnesota laws regarding bad checks are an essential ally for anyone charged with issuing a bad check. They understand that these acts are frequently performed out of necessity and fear and will assist their clients with understanding what options may be available. Building a strong defense strategy to fight the charges is critical during this time and knowing what settlement options or plea agreements are available can produce the best possible outcome for the case.

Below are the civil and criminal penalties for writing a bad check in Minnesota under state statute 609.535 ISSUANCE OF DISHONORED CHECKS, if the check is not paid in full within five business days after mailing of the notice that the check was not paid and had bounced.

The punishments below to not apply to postdated checks or to a check given for a past consideration, except a payroll check or a check issued to a fund for employee benefits.

A person who is convicted of issuing a bad check may be imprisoned up to five years or fined up to $10,000, or both, if the value of the bounced check is more than $500.

A individual may face imprisonment up to one year and/or a fine up to $3,000 if the bad check value is more than $250 but not more than $500.

He or she may face jail time up to 90 days and/or fined up to $1,000 if the value of the bounced or dishonored check is not more than $250.



For more information on bad check laws and for criminal and civil penalties in other states for writing bad checks, please read Bad Check Laws

For the most current information on Oklahoma bad check laws please visit the Office of the Revisor of Statutes, State of Minnesota at their website located at https://www.revisor.mn.gov/statutes/?id=609.535.

You may want to also read Getting A Checking Account While On The Chex System

Learn how to Prevent Overdraft And Bounced Check Fees

Although all information has been written in good faith and has been reviewed, please email us at [email protected] to report any inaccuracies.