Bad Check Laws In South Dakota

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Below are the civil and criminal penalties for writing a bad check in South Dakota as under Codes § 21-57-1, to § 57A-3-421.

If the dishonored check writer does not make good on the check within thirty days after mailing of a notice of dishonor, the defendant may face the following civil and criminal actions and penalties:

Civil Penalties: May be liable to the holder for an amount equal to three times the face amount of the check. However, the liability for damages should not be less than one hundred dollars or greater than two hundred dollars. The maker of the check is also liable to the holder for allowable court costs, filing fees, and interest computed at the legal rate from the date of the check.

Criminal Penalties: First offense: a fine of not more than $100 or imprisonment for not more than 30 days or both. Second offense: a fine of not more than $300 nor less than $100 and imprisonment of not more than 6 months or less than 30 days. Third and subsequent offenses: a fine of not more than $500 nor less than $300 and imprisonment for not more than one year nor less than 6 months. Felony: Up to 3 years and not more than $1,000 fine.



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 South Dakota 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.