Bad Check Laws In Arkansas

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In the state of Arkansas, bad checks are subject to both civil and criminal laws. The recipients of bad checks are allowed under law to pursue recompense for both the amount of the bad check plus damages, and check writers may face penalties, fines or even jail time.


To initiate a civil or criminal pursuit of bad check writers, the recipient must first issue a written notice. This must be sent by certified or registered mail to ensure that the check writer receives the notice in due process. The notice should list the amount of the bad check, notify the writer of a $10 service charge and then require at least ten days for full repayment. Certified letters notifying a writer of returned checks must be sent to the address provided on the check itself or to the merchant at the time the check was submitted as payment for goods/services.

Dishonored checks function just like other criminal offenses in the state of Arkansas; each subsequent check increases penalties that can be imposed on the writer. The first bad check pursued criminally can incur a minimum charge of $50 up to a maximum of $500, as well as possible jail time. Frequent bad check writers, or those who write dishonorable checks for an amount in excess of $500, can face up to $10,000 in fines and a year in prison for each bad check.

These charges and penalties are issued under Arkansas State Statute 5-37-303. This statute was enacted in March of 1999 and is commonly known as the "Arkansas Hot Check Law." Checks that are returned for insufficient funds are subject to these laws, as well as checks drawn under false accounts or identities.

Below are the civil and criminal penalties for writing a bad check in Arkansas as covered under State Statute 5-37-303.

If the check writer does not make good on the amount of the check plus together with a service charge not to exceed twenty-five dollars and the amount of any fees charged to the holder of the check by his/her financial institution within ten days after receiving written notice that payment was refused, then the following civil and criminal action may result:

Civil Penalties: Amount due, service charge not to exceed $10. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not to exceed $15; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than $50.

Criminal Penalties: Checks of $200 or less for 1st conviction fine of not less than $50 nor more than $500 or imprisonment up to 30 days or both; 2nd offense fine of not less than $100 nor more than $1000 or imprisonment up to 90 days or both; 3rd and subsequent offenses fine of not less than $200 nor more than $2000 or imprisonment up to one year or both.




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 Arkansas bad check laws.

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.