Oregon is a state that is located between California and Washington. With almost 4 million people in the state, Oregon does have its share of dishonest citizens. Some people
write bad checks in which they do not have the funds in their bank account. A person may have miscalculated their finances and wrote the check without realizing that the funds were not in their
account; therefore, they may avoid punishment. However, if they problem continues, Oregon has strict penalties against writing bad checks.
If an individual has written a bad check, the merchant or person to whom the check was written can demand payment. The Oregon law states that merchants can charge as much as $25 for returned checks.
If the amount is not paid within 30 days, the merchant or individual can take the matter to court in which they can recover the cost of the check plus attorneys fees.
The court can issue civil punishments against the check writer that is from $100 to triple the amount of the check. However, the consequence cannot surpass the amount by more than $500. The court has
the ability to relinquish the fees if the offense was as a result of financial difficulties.
If a person has had numerous bad check offenses, they could face criminal penalties. The check writer can be convicted with a misdemeanor, in which they can receive a maximum fine of $1000 and a year
in jail. If the writer commits a felony, they could receive a maximum sentence of $125,000 fine and five years in jail.
In order to educate individuals on how to handle their finances better, Oregon prosecuting attorneys have the option to require the individual to attend a bad check diversion program. In that case,
the check writer must attend six months of check writing classes. The person who wrote the bad check can skip a trial; however, they still must pay back the person to whom they wrote the delinquent
check.
Below are the civil and criminal penalties for writing a bad check in Oregon as under § 165.065 - Negotiating a bad check.
If payment was refused by the drawee for lack of funds and the drawer fails to make good within 10 days after receiving notice of refusal, then he/she may face the following civil and criminal
actions:
Civil Penalties: When maker fails to tender amount due after written demand made by payee, then they may recover damages in an amount equal to $100 or treble amount of the check, whichever is
greater, provided the amount is not greater than $500 over the due amount.
Criminal Penalties: Negotiating a bad check is a Class A misdemeanor punishable by up to $1,000 and/or a year in jail, except if at the time of sentencing it is established beyond a reasonable doubt
that the person has been convicted in Oregon, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check, then the offense is a Class C
felony. A felony in Oregon is punishable by imprisonment for up to five years and be subject to fines of up to $125,000.
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 for the most current information on Oregon bad check laws.
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.