In Vermont, a person who writes a bad check has ten days to pay the person who is owed. If the person does not pay, he or she may face civil and criminal penalties. The civil
penalties include paying court costs and fees for the attorneys. In addition, the person has to pay the amount of the check and an additional $50 in fees. The person may be sentenced to a year in
jail or receive a fine of $1,000. He or she may get jail time and have to pay the fine.
People who write bad checks in Vermont may not receive any penalties. The person who received the check has to contact law enforcement and press charges. According to some Vermont law enforcement web
sites, authorities rarely have the time to investigate cases related to bad checks because they have more serious offenses to address.
Vermont law enforcement may not investigate cases if the check is post dated or from another state. If the check was written to cover a debt, law enforcement will not likely investigate the matter.
In addition, the police may not follow up on cases where checks are written for small amounts, which is usually less than $1,000.
These types of restrictions make it difficult to prosecute someone who has written a bad check in the state of Vermont. If the case does make it to court, the person who wrote the check still may not
receive any penalties.
The person who accepted the check has to testify in court. If a lot of time has passed, it may be difficult for him or her to say for sure that the person who is accused is definitely the same person
who wrote the check. If that happens, the person who is on trial will not be found guilty.
Because pressing charges can be difficult, Vermont businesses may simply turn a bad check over to a collection agency. The person who wrote the check may avoid civil and criminal penalties, but the
bad check will be listed on his or her credit report.
Below are the civil and criminal penalties for writing a bad check under Vermont Code - Title 13 - Crimes and Criminal Procedure - Chapter 47 - FRAUDS - § 2022 - Bad checks, if the issuer failed
to make full satisfaction of the amount of the check within 10 days after receiving notice of its dishonor by the drawee.
Civil Penalties: Court costs, amount of check, attorneys' fees, damage in amount of $50.
Criminal Penalties: Up to one year in jail and $1000 fine or both.
The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay.
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 Vermont state bad check laws at http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=13&Chapter=047.
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.