Bad Check Laws In Nebraska

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If you write a check and do not have the funds available in your bank to cover the check, it is considered a bad check. Additionally, writing a check from an account that has been closed or does not exist is considered writing a bad check as well. The State of Nebraska takes writing bad checks seriously and people who write bad checks can be charged with a misdemeanor or a felony, depending on the amount of the check that was written.


It's important to note that Nebraska requires banks to notify their customers when a check is not honored by the bank. The state gives residents ten days in which to contact the person to whom the check was written in order to pay for the check and a $10 fee. The payee on the check is also required to contact the person who wrote the check and the are not able to file charges with the court system until 10 days after this notice has been sent. If the check and the fee is paid before the ten days has passed, no charges can be filed.

Once a payee files charges with the court over a bad check, the court is required to notify the party who wrote the check as well. While a bad check can be paid before the court date, there may still be criminal penalties as well, such as fines, court costs, or even jail time.

One interesting thing about the State of Nebraska is that the court will take into consideration all bad checks written in a 60-day period when deciding to charge the person who wrote the checks with a misdemeanor or a felony. If the total amount of bad checks written in 60 days exceeds $500, whether it was written in one check or ten, a person can be charged with a felony, which carries much stricter penalties.

The best way to avoid being charged with writing bad checks in Nebraska is to not write checks when there is not sufficient funds to cover them. However, mistakes happen, so if a bad check is written, the next best course of action is to contact the payee as soon as possible to make arrangements to pay for the check.

Below are the civil and criminal penalties for writing a bad check in Nebraska under Code - § 28-611.

Civil Penalties: If the check writer was notified that the check was unpaid for lack of funds and he/she failed within ten days after such notice to make payment for the check amount, they then may face, upon a court hearing and conviction, a fine, jail sentence, and be ordered to make restitution to the party injured for the value of the check and to pay $10 dollars to the injured party and any reasonable handling fee imposed on the injured party by a financial institution.

Criminal Penalties: A Class II misdemeanor if the amount of the check is less than $100. A Class I misdemeanor if the amount of the check is $100 or more, but less than $500. A Class IV felony if the amount of the check is $500 or more, but less than $1500. A Class III felony if the amount of the check is $1500 or more. Any second offense shall be guilty of a Class IV felony.



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 Nebraska 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.