Criminal and Civil Bad Check Laws By State

 

Did you know that writing a bad check can be a felony? While most bad debts can be pursued in civil court, writing bad checks can be a criminal felony offense. Each state has different laws of what bad check amounts would be considered criminal.

 

STATE FELONY MISDEMEANOR SERVICE FEES CIVIL PENALTIES
Alabama . All Amounts The greater, either $30 or actual charge by bank for returned check. Greater of $10 or actual bank charges. May recover damages, including attorney’s fees, as determined by jury or court.
Alaska > $500 < $500 $30 $100, or triple the amount of the check, whichever is greater, except maximum is $1,000.
Arizona . All Amounts $25 Twice the amount of the check or $50, whichever is greater, plus costs and reasonable attorney's fees as awarded by the court.
Arkansas > $200 < $200 $25 Twice the amount of the check, but in no case less than $50, a collection fee, interest, court costs and reasonable attorney's fee.
California All Amounts offense may be deemed a misdemeanor at the discretion of the court. $25 for first check, $35 for each subsequent one. Liable for the amount of the check and damages equal to three times that amount, but not less than $100, nor more than $1,500.
Colorado > $500 < $500 $30, or 20% of check amount. Three times the amount of the check but not less than $100, plus costs of collection.
Connecticut > $1,000 < $1,000 $30 For an NSF check: determined by the court but in no event shall the amount be greater than the amount of the check or $400, whichever is less. For a check drawn on a non-existent account: determined by the court but in no event shall the amount be greater than the amount of the check or $750.
Delaware > $1,000 < $1,000 $25 $100, or three times the amount of the check not to exceed $500.
District of Columbia > $100 < $100 $25 Amount of the check.
Florida > $50 < $50 Fees start at $25 if face amount does not exceed $50. Three times the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees and bank charges.
Georgia > $500 < $500 $30, or 5% of check face value, whichever is greater. Double the amount of the check not to exceed $500, plus any court cost incurred.
Hawaii . All Amounts $30 $100, or triple the amount of the check whichever is greater, not to exceed $500.
Idaho . All Amounts $20 $100, or triple the amount of the check, whichever is greater, not to exceed $500.
Illinois The offense is considered a felony, if it represents subsequent offenses. All Amounts $25 or all costs and expenses, including reasonable attorney's fees necessary to collect the check. $100, or triple the amount of the check whichever is greater, not to exceed $1,500, plus attorney's fees and court costs.
Indiana > $2,500 if property acquired was a motor vehicle. All Other Amounts $20, or 5%, whichever is greater not to exceed $250. Treble the face amount of the check, not to exceed $500.
Iowa > $1,000 < $1,000 $30 Treble the face amount of the check, not to exceed $500.
Kansas > $500 < $500 $30 $100, or three times the amount of the check, but not to exceed the amount of the check by more than $500; plus court and reasonable attorneys’ fees.
Kentucky > $300 < $300 $25 None.
Louisiana > $100 < $100 $25, or 5% of check amount whichever is greater. Minimum of $100, or twice the amount of the check plus attorney's fees and court costs.
Maine All Amounts . $25 Amount of check, plus court costs, processing charges and interest. Court may award reasonable attorney’s fees and assess a civil penalty of $50.
Maryland > $500 < $500 $35 Amount of the check plus up to double the amount of the check, but not more than $1,000.
Massachusetts > $100 < $100 $25 Amount of check plus damages determined by the court, but in no event less than $100 or more than $500.
Michigan > $50 < $50 $25 May be liable for double damages in the amount of not less than $50 but not more than $500, plus court costs up to $250.
Minnesota . All Amounts $30, or actual costs not to exceed $30. Up to $100 or the value of the check, whichever is greater, interest at the rate payable on judgments and reasonable attorney's fees.
Mississippi > $100 < $100 $40 Amount of check plus additional charges depending on the amount of check beginning at $30 and a maximum of 25% of the check if check is over $200.
Missouri > $500 < $500 $25 Amount of the check plus attorney fees and $100 or up to treble the amount of the check, whichever is greater.
Montana > $300 < $300 $30 Must be an amount equal to the service charge plus the greater of $100 or three times the amount of the check, not to exceed the amount of the check by more than $500.
Nebraska > $500 < $500 $30 $10 plus any reasonable handling fee imposed by the bank.
Nevada > $250 < $250 $25 Three times the amount of the check, but not less than $100 nor more than $500
New Hampshire > $1,000 < $1,000 $30 Court, service and collection costs. Failure to pay within allotted time may result in a $10. per day fee up to $500 until paid.
New Jersey > $200 < $200 $20 Liable for attorneys’ fees, court fees, mailing fees for notice and damages equal to $100, or triple the amount of check, whichever is greater, not to exceed to $500 more than the amount of the check.
New Mexico > $25 < $25 $20 $100, or triple the check amount, whichever is greater, not to exceed $500.
New York . All Amounts $20 If reason for bad check is no existing bank account, damages can be twice the face amount of the check or $750, whichever is less. If reason is NSF, damages can be twice amount of the check or $400, whichever is less.
North Carolina > $2,000 < $2,000 $25 Treble the amount of the check, with a minimum of $100 and maximum of $500, in addition to amount of check, and processing and bank fees.
North Dakota > $500 > $50 $25 The lesser of $200, or three times the amount of the check.
Ohio > $500 < $500 $30 or 10%, whichever is greater. $200, or three times the amount of the check, all bank fees, court costs and attorneys’ fees.
Oklahoma > $500 < $500 $30 An amount not to exceed $5,000.
Oregon > $75 < $75 $25 $100, or triple the amount of the check, whichever is greater but not to exceed $500, and reasonable attorneys’ fees.
Pennsylvania > $75,000 < $75,000 $25 $100, or triple the amount of the check but not to exceed $500 the value of the check, whichever is greater.
Rhode Island > $100 < $1,000 $25 Amount of check, collection fee and an amount equal to three times the amount of the check, but in no case less than $200 but no more than $1,000.
South Carolina > $5,000 < $5,000 $30 The lesser of $500 or treble the amount of the check. May also be entitled to court costs and reasonable attorneys’ fees.
South Dakota > $500 < $500 $30 All reasonable costs and expenses of collection.
Tennessee > $500 < $500 $20 If fraudulent intent, treble the face amount of the check, not to exceed $500, otherwise, 10% interest per annum, service charges, court costs and attorney's fees.
Texas > $1,500 < $1,500 $25 None.
Utah > $1,000 < $1,000 $20 Interest; all costs of collection, including court costs, reasonable attorneys’ fees equal to the greater of $100 or three times the check amount, not to exceed the check amount plus $500.
Vermont . All Amounts $25 Court cost, costs of service, the amount of the check, bank fees, interest, attorney's fees and damages in the amount of $50.
Virginia > $200 < $200 $35 Three times the amount of the check, up to a maximum amount of $250, in addition to the amount of the check, legal interest from the date of check, service fee and processing fee and attorney’s fees if awarded by the court.
Washington . All Amounts $30 Lesser of three times the amount of the check and reasonable attorneys’ fees or $300.
West Virginia > $500 < $500 $15 $500 or the amount of the check whichever is less, plus reasonable costs incurred in filing the action.
Wisconsin > $2,500 < $2,500 $30 Three times the amount of the check, and all actual costs of legal action, including attorneys’ fees, not to exceed $500.
Wyoming > $1,000 < $1,000 $30 Three times the amount of the check, but in no case less than $100, collection fees and court costs. Attorney fees may also be awarded.