Bad Check Laws In New York

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Non-sufficient checks or bounced checks can be accompanied by criminal and civil penalties in the state of New York. Intentionally writing bad checks is an unlawful act that can be costly. Writing bad checks can also be accompanied by criminal prosecution. Businesses have an obligation to attempt to collect money that is legitimately owed to them and will pursue legal action against individuals who have written bad checks.


Not all checks drawn on insufficient funds will fall under the bed check laws in New York. In New York non-sufficient checks may not be considered a bad check if the check was used to pay an antecedent debt. In this case, if a debtor rides a bad check to a creditor for payment on invoice that bad check law may not cover this type of action. However, if a debtor rides a bad check for cash on delivery order, then the returned payment will fall under the bad check laws of New York.

In some cases bad checks that were post-dated may not fall under the bad check laws are either because post- dated checks are not payable on demand. A postdated check that has bounced may not constitute fraud or fall within the scope of the bad check laws in New York.

The person guilty of writing a bad check is the person whose signature is on the check, but the person who passes the check on or even a third party who may have endorsed the check can be charged with check fraud. Bad check and check fraud laws vary by state and make it a criminal offense to write checks that are denied due to insufficient funds in the check owner's account. The deliberate issuing of checks that will not be honored constitutes an intention to defraud the recipient. There can also be criminal and civil penalties attached to the offense and the fines will vary.

Below are the civil and criminal penalties for writing a bad check in New York as covered under Penal Code - Article 190 - (190.00 - 190.15) Other Frauds. The following apply if the defendant or a person acting in his behalf does not make full satisfaction of the amount of the check within ten days after dishonor by the drawee.

Civil Penalties: Face value of check, plus two times amount of check up to a maximum of $400 on NSF or $750 for "no account" (GEN.OB.1.1-104).

Criminal Penalties: Issuing a bad check in New York is a class B misdemeanor and you can face up to three months in jail, or up to $500, or up to double the amount of the drawer's gain from the commission of the offense.



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

Check with your state statutes or your attorney for the most current information on the State of New York bad check laws. Further information on this subject can be found at ( http://ypdcrime.com/penal.law/article190.htm ).

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.