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What is the law regarding writing a bad check?

Making an occasional mistake with your checking account is something everyone has done at one point or another in North Carolina. This is usually something you handle on your own with no major issues except perhaps some fees from your bank. This situation becomes a problem, according to the North Carolina General Assembly, when you knowingly write a bad check.

It is one thing to mistakenly write a check that does not clear, but when you write a check that you know will not clear, you break the law. In fact, writing a bad check can be a misdemeanor or felony charge, depending on the amount of the check.

If you write a check that is worth more than $2,000, you face a class I felony charge. For under $2,000, the charge is a misdemeanor. If this is the fourth time you have committed this crime, you face a class one misdemeanor. You will also lose your right to have a checking account for three years. If you write a check on an account that is not real or that is closed, it is also a class one misdemeanor regardless of whether or not you have done this before. Any other situation involving writing a bad check that does not fall into one of these categories is a class three.

Writing bad checks is something that harms businesses, financial institutions and the economy, which is why it is classified as a crime. This information is for education and is not legal advice.

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The Law Office of L. Bryan Smith, P.C.
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