It is a criminal offense to draw, issue, make or deliver a check, draft or other written money order, or to use a debit card, for payment when at the time the issuer knows there are insufficient funds to cover the payment. This offense does not apply to postdated checks or to instances where the person receiving the check was previously informed that the funds were unavailable or would not be available until a later date.
If you or someone you know has been accused of issuing a worthless check, much is at stake. At the Katalinic Law Firm our experienced attorney is here to help you understand your rights and your options in this regard. Your consultation will be with a Destin criminal defense attorney at our firm to give you the opportunity to get much-needed legal guidance and make an informed decision about your case.
Issuing a worthless check worth less than $150 is a first degree misdemeanor, punishable by up to 12 months in county jail and/or a fine of up to $1,000. The issuer may face civil charges as well and if convicted in civil court may face paying up to three times the value of the check as well as attorney fees and other costs. Issuing a worthless check worth $150 or more is a third degree felony, punishable by up to 5 years in state prison and/or a fine of up to $5,000.
A person who is issued a worthless check can file a formal notice to the person who issued the check, demanding full payment of the value of the check. If the issuer does not pay within the time limit he or she may then face criminal and civil charges.
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