Bad Check Laws In Ohio

It is illegal to write a check in Ohio if you know that you do not have the funds in your account to cover the cost. This act of fraud is punishable by fines and prison time. If you write a bad check, you must make restitution to avoid legal action by your bank and the creditor.

The amount of the check will determine the severity of your penalties. It is a misdemeanor to write an insufficient check for under $500. This violation is subject to a $1,000 fine and imprisonment up to six months. The judge has considerable discretion in deciding whether to impose jail time for this offense. The conviction will also affect your ability to open a checking account.

You are subject to a $2,500 fine and five years of imprisonment if you write a bad check that exceeds $500. This fifth-degree felony will remain on your criminal record and show up on a background check. It will be difficult to obtain employment that involves money, because employers are hesitant to hire people who commit fraudulent crimes.

It is a fourth-degree felony in Ohio to write bad checks between $5,000 and $100,000 and a third-degree felony if the check exceeds $100,000. Jail time is not required for fifth-degree felonies, but imprisonment is mandatory for fourth-degree offenses. The conviction will remain on your permanent record. You must pay legal fines and make restitution to those affected by the bad checks.

The creditor is entitled to three times the amount of the original check and any bank charges or fee they incurred due to the transaction. You must make restitution within 30 days of the date of the dishonored check. The law requires that your creditor send you written notification. If you don’t respond, the creditor can proceed with legal action.

Ohio law does not allow businesses or creditors to pursue legal actions if you are complying with an established payment plan. If you violate the terms of the agreement, the creditor can seek a remedy through the legal system.

Below are the civil and criminal penalties for writing a bad check in Ohio under Ohio Revised Code - Title [29] XXIX CRIMES - PROCEDURE - Chapter 2913: THEFT AND FRAUD - 2913.11 Passing bad checks.

If you fail to make good within ten days after actual receipt of a notice of dishonor of a check that has bounced the following actions can then be taken against you:

Civil Penalties: The greater of $200 or three times the amount of check and attorney fees (no maximum).

Criminal Penalties: Misdemeanor: Up to 6 months in jail, $1,000 fine, or both. Felony: Up to 5 years, $2,500 fine, or both.

If the check is for the amount of five hundred dollars or more but less than five thousand dollars, then passing bad checks is a felony of the fifth degree. If the check is for the amount of five thousand dollars or more but less than one hundred thousand dollars, then passing bad checks in Ohio is a felony of the fourth degree. If the check is for the amount of one hundred thousand dollars or more, passing bad checks is a felony of the third degree.