Bad Check Laws In Massachusetts

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In Massachusetts, the crime of writing a check when there were not sufficient funds in the bank to cover it is called "Larceny By Check". Below are the civil and criminal penalties for writing a bad check in Massachusetts and is covered under Section 37 of chapter 266 of Massachusetts General Laws. The following applies to the writer of the check who failed to respond within two days of notice that their check was dishonored. Oral notice of dishonor is sufficient, including notice communicated through the other depositor to a joint account. Please note that failure to pay within two days after notice of dishonor is not an element of the offense, but only a trigger for the statutory prima facie effect.

Civil Penalties: Amount due, costs of suit, protest fees. General Laws c. 93, § 40A permits, in addition to any criminal penalties, a civil suit to recover the face amount of a bounced check and for additional damages, as determined by the court, but in no event to be less than one hundred dollars or more than five hundred dollars if a specified form of written demand goes unanswered for 30 days.

Criminal Penalties: Bogus check amounts of $250 or less are misdemeanors that can carry a penalty of a year in jail. Bounced check amounts of $250 or more are felonies that can carry a punishment up to five years in prison.



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 Massachusetts 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.