Bad Check Laws In New Jersey

Below are the civil and criminal penalties for writing a bad check in New Jersey under N.J.S.A. 2C:21-5 and 2C:20-4.

Civil Penalties: Any person who makes out a check that is dishonored for lack of funds or because the maker does not have an account with the drawee, and who then fails to pay the face amount within 10 days after the date a demand for payment of dishonored check notice was sent to the dishonored check writers last known address, then the party shall be liable to the payee, in addition to the amount owing upon the check, for attorney fees, court costs and the costs of mailing the written demand for payment, plus damages in an amount equal to $100 or triple the amount for which the check is drawn or made, whichever is greater. However, damages recovered shall not exceed more than $500 of the amount of the check.

Criminal Penalties: A check less than $200 is a disorderly person's offense which is punishable with up to six months jail, a fine of up to $1,000, restitution, community service and/or probation. Check between $200 and $999 is a fourth degree charge that can come with up to 18 months in prison. Dishonored checks between $1,000 and $74,999 is a third degree charge punishable up to 5 years in prison. Bad checks written of $75,000 or higher is a second degree charge that can lead to a 10 year prison sentence.