Bad Check Laws In Arizona

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Bad checks are known by many names, some of which include bounced checks, bogus checks, bounced checks and many more names. Whenever a check bounces, or is rejected for whatever reason, both the payer and payee usually incur a loss of a certain kind, with the former paying the highest price. In the United States, the laws regarding the issuance of bad checks vary from state to state, even though there are general federal laws and regulations.


Specifically, the state of Arizona has a set of established laws and possible penalties for those issuing bad checks. These penalties are span both criminal and civil, which have been revised severally in order to cater for the ever changing financial conditions. For an instance, should one issue a check which is not honored, then they are supposed to pay the equivalent amount of money to the payee which is equivalent to that which was in the bounced check. They are also obliged to pay for any costs the payee might have incurred, for example, having been deducted some money from their bank accounts for a bounced check.

This payment window period is usually a maximum of twelve days, after which the person involved is liable for prosecution in a court of law. This draws a number of penalties. Regarding criminal penalties, the issuance of a bad check attracts a jail term of not more than six months and or a fine of up to twenty five thousand dollars. These penalties depend on the amount which was to be paid with the bounced check. In cases where the amount exceeds five thousand dollars, the minimum punishment of six months is handed. The maximum jail term can be two years and may include a fine in tune of a hundred and fifty thousand dollars.

For the civil penalties, one may be ordered to pay an amount of money twice the amount on the bounced check. This is normally considered as the fees for the attorney and other legal charges.

Below are the civil and criminal penalties for writing a bad check in Arizona under Revised Statutes §13-1807 to §13-1812.

If the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve days after receiving notice of that refusal for a dishonored check, then the following civil and criminal penalties may apply:

Civil Penalties: Twice the amount of the check or $50, whichever is greater, costs of suit, reasonable attorneys' fees.

Criminal Penalties: Passing a bad check is usually a class 1 misdemeanor offense and is punishable by up to six months imprisonment and/or up to a $2500 fine. You can be found guilty of a class 6 felony if the dishonored check amount is $5,000 or over and can be punishable with a minimum of six months in prison and a maximum of up to two years and/or up to $150,000 fine. (Revised Statutes Section 13-707, 13-802, and 13-702)




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 Arizona bad check laws at ( http://www.azleg.gov/arizonarevisedstatutes.asp?title=13 ).

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.