Bad Check Laws In North Carolina

Below are the civil and criminal penalties for writing a bad check in North Carolina under Codes § 14-107, § 14-107.1, § 14-107.2, and § 6-21.3.

If 15 days has passed since the payee sent a letter to the person who wrote that check informing them that their check was dishonored and the defendant fails to make good on that check within the 15 day time period, they may then face the following criminal and civil actions:

Civil Penalties: Thirty days after written demand, lesser of $500 or triple amount owing on check, but not less than $100. You may also be responsible for other costs and witness fees.

Criminal Penalties: The offense is a Class I felony if the amount of the check is more than two thousand dollars. If the amount of the check is two thousand dollars or less, the offense is a misdemeanor punishable as follows: The person is guilty of a Class 2 misdemeanor, however, if the person has been convicted three times of passing bad checks, the person shall on the fourth and all subsequent convictions be punished for a Class 1 misdemeanor and be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years. If the check is drawn upon a nonexistent account, the person is guilty of a Class 1 misdemeanor. If the check is drawn upon an account that has been closed by the drawer, or that the drawer knows to have been closed by the bank or depository, prior to time the check is drawn, the person is guilty of a Class 1 misdemeanor.