Bad Checks/Deposit Account Fraud

What is a "Bad Check/Deposit Account Fraud"?

A person commits the offence of deposit account fraud when they make, draw, utter, execute, or deliver an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee.

How does the Process Work?

When you are given a bad check, you must deposit the check within 30 days after receiving it.

You SHOULD NOT hold onto or post-date the check, it must be deposited first.

After depositing the check in your bank, the bank should notify you that the check is fradulent and will return it via mail. Afterwards, a certified letter must be sent by you to the person who signed the check and to the address listed. The certified letter gives the person who wrote the fradulent check 10 days to make the check good before the matter is handed over to the Magistrate Court.

If the check is returned by the bank for reasons such as the account is closed, a hearing may be required by the Magistrate Court.

Once the matter has been turned over to the court, a warrant will be issued for the person who wrote the check. As someone who received a bad check, you will be called into the Magistrate Court to be sworn in for testimony about any facts or any other issues regarding the check.

Be advised that identification of the person who wrote the bad check will greatly assist this process for everyone involved. Identification includes, but is not limited to, a driver's license, Date of Birth, Social Security Number. NO WARRANTS CAN BE ISSUED WITHOUT A DATE OF BIRTH!!!