Check & Insufficient Funds (NSF) Crimes (2024)

There are several crimes listed in the Michigan Penal Code relating to banking and check crimes. Presenting a check against an account without sufficient funds (NSF) to cover the check is one of the most common crimes.

Check Crimes: Insufficient Funds, No Account, Forgery, Uttering & Publishing

Writing a check against an account with insufficient funds is considered a fraud and creates an inference that the party knew that the account had insufficient funds and intended to defraud or cheat someone.

Bad or bounced check cases can be charged as a misdemeanor or felony depending upon the dollar amount of the check involved or the prior criminal record of the offender for similar crimes. Offenses punishable by more than 1 year in jail are classified as felonies.

MCL 750.131 provides: A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order. A person who violates this section is guilty of a crime as follows:

Amount of CheckMaximum Penalty
NSF check less than $10093 days and/or $500 fine
NSF check $100 but less than $5001 year and/or $1,000 fine
NSF check $500 or more2 years and/or $2,000 fine
3 or more NSF checks within 10 days2 years and/or $500 fine
No account check in any amount2 years and/or $500 fine

Uttering and Publishing, Forgery: Maximum Penalty 14 Years in Prison

Uttering and publishing is the name given for the crime associated with forged documents. When charged, the crime of uttering and publishing usually involves a forged check. However, the crime can also involve other forged or altered documents such as a deed or diploma. The crime of uttering and publishing does not require that the person who presented the document be the one who altered the document.

Defending Check Crimes: Honest Mistake is a Defense

Don’t despair if you are charged with a misdemeanor or felony check crime. We have been able to manage check crime cases to get you out of the court system with minimal consequences and in many cases, without a conviction.

In most cases, our clients charged with a check crime have a spending problem or are faced with a financial crisis and cannot make ends meet. Loss of employment, major medical setbacks and other reasons can lead to economic hardship.

There are a few other things to keep in mind if you are charged with a check crime:

  • Payment of the check by the debtor does not constitute a defense or ground for dismissal of the charges.
  • The statute of limitations for misdemeanor check crimes is 6 years.
  • The statute of limitations for felony check crimes is 10 years.

It is a defense to check crimes if the person who wrote the check had made an honest mistake about how much money he or she had in the account and did not have an intent to defraud or cheat anyone.

Get the Best Lawyers in Macomb County to Stand by Your Side

Remember, you are presumed innocent if you are charged with a crime. In addition, being accused of a crime doesn’t mean that you are guilty or will go to jail.

At ABDO LAW, we have extensive experience defending first offenders and repeat offenders charged with check crimes, theft crimes, fraud crimes and financial transaction device crimes in every court located in the counties of Macomb, Oakland, Wayne and St. Clair. In Macomb County (37th District Court: Warren, 41A District Court: covering Shelby Township, Macomb Township, Sterling Heights, 41B District Court: Clinton Township, 42-1 District Court: Romeo, and 42-2 District Court: New Baltimore) jail and a conviction can be avoided upon payment of restitution.

EMAIL or CALL for a FREE CONFIDENTIAL CONSULTATION. Phone messages are forwarded to our attorneys. We offer same day, evening, weekend appointments, jail visits and the ability to retain us over the internet. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555

Check & Insufficient Funds (NSF) Crimes (2024)

FAQs

Check & Insufficient Funds (NSF) Crimes? ›

Writing an NSF check is considered a crime, but it's not a criminal offense. You won't go to jail for writing an NSF check, but you may be sued or face civil penalties. 2. If you write a bad check, the recipient can take legal action against you.

Is it illegal to write a check with insufficient funds? ›

Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. It is also a crime to forge a check or write a fake check.

What type of crime is writing a bad check? ›

As stated above, writing or passing bad checks in violation of California Penal Code 476a is a “wobbler” crime that can be filed as either a misdemeanor or felony case. A prosecutor will typically base their decision of the severity of the crime and your prior criminal record.

What crime is committed when someone writes a check that is drawn from an account with insufficient funds? ›

You are guilty of violating California's bad checks law if you write or pass a check with the knowledge that there are insufficient funds in the account to cover the amount of the check. As with check fraud, you must have the intent to commit fraud to be guilty of violating Penal Code 476a PC.

What happens if someone writes you a bad check and you cash it? ›

You won't get in trouble if you cash a check that bounces, but you can end up having problems with your bank. The bank is likely to withdraw the funds from your account and charge you a fee for the reversed transaction.

Do banks usually prosecute check kiting? ›

Check kiting may lead to bank fees, account closure, and criminal charges. Depending on state laws, small or minor instances of check-kiting can result in misdemeanor charges.

Can you get in trouble if a check bounces? ›

It is a crime to knowingly write a check that will bounce. You could be charged with a misdemeanor or a felony for writing bad checks. Avoid writing a check for an amount that is greater than what's in your account.

What happens if you write a check and there is no money in the account? ›

When you write a check and there's not enough funds in your account when it's presented, this is considered non-sufficient funds (NSF). When a check is returned due to NSF, it's returned to the payee that deposited the check, at their bank. This allows them to redeposit the check at a later time, if available.

What is financial crime checks? ›

These checks help to identify and prevent money laundering, terrorist financing, fraud, or other financial crimes. They involve verifying the identity of customers, reviewing their transactions for suspicious activity or patterns and assessing the risk associated with them.

Is writing a check on a closed account a crime? ›

Knowingly writing a check on a closed account is a crime, as opposed to having a check returned for insufficient funds. In fact, writing a check on a closed account is the most common form of check fraud. A person could be charged with fraud and face a court battle for writing checks on a closed account.

What if someone writes me a check and it bounces? ›

Then you'll need to pay the owed amount as quickly as possible to avoid any further issues from an unpaid debt. If you receive a check that bounces, contact the person who wrote it and let them know. You should also check with your bank for full details and to see if you will owe any fees.

What happens when you deposit a check with insufficient funds? ›

A bounced check is slang for a check that can't be processed because the account holder has non-sufficient funds (NSF) available for payment. Banks return, or “bounce,” these checks, also known as rubber checks, rather than honor them, and banks charge the check writers NSF fees.

What happens if you write a check that never gets cashed? ›

On the payee side, outstanding checks create a risk of expiring or becoming "stale." When this happens, the check can't be cashed or deposited, and the payment must be reissued or made another way.

What happens if you write a check and you don't have enough money? ›

A bounced check is slang for a check that can't be processed because the account holder has non-sufficient funds (NSF) available for payment. Banks return, or “bounce,” these checks, also known as rubber checks, rather than honor them, and banks charge the check writers NSF fees.

What happens if you cash a check with insufficient funds? ›

When a bank cannot process a check due to insufficient funds, it may deduct a non-sufficient funds (NSF) fee from the account. Additionally, if the bank temporarily covers the check, it may charge an overdraft fee. These fees can quickly accumulate, especially if multiple checks bounce from the same account.

Can you write a check with a negative balance? ›

What Makes a Bank Balance Negative? Your balance goes negative when you have withdrawn more than you have in your account. If you try to use your debit card, it will likely be declined, unless you have overdraft protection. If you wrote a check, it will bounce, or be returned — unless you have overdraft protection.

What is the penalty for not having adequate funds in your checking account? ›

Overdraft fees occur when you don't have enough money in your account to cover your transactions. The cost for overdraft fees varies by bank, but they may cost around $35 per transaction. These fees can add up quickly and can have ripple effects that are costly.

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