Business & Finance Taxes

Will Partial Payment of a Bad Check Stop Criminal Prosecution in Ohio?

    Fines

    • If the check is less than $150, it is considered a misdemeanor in Ohio, according to the Commercial Collection Agency Association. However, if you write a bad check for more than $150, felony charges may be made against you. The penalty in Ohio for writing a bad check is either a minimum of $200 or three times the amount of the check. You will also be responsible for all legal fees incurred by the person who received the check.

    Time Frame

    • You are given a total of 30 days to make good on the check you have written. If, after 30 days full payment has not been received by the holder, the holder may file charges against you. Additionally, after 10 days of receiving notice of insufficient funds from a banking institution, you must provide payment. Post-dated checks do not fall under this ruling since, by law, these types of checks are considered a promise of payment.

    Significance

    • To be prosecuted in Ohio for writing a bad check, you must knowingly defraud the person to whom you have issued the check. If you were unaware of the insufficient funds, it is not considered a crime. The court must prove you intended to defraud the person of money by either knowing you did not have enough money in your account to cover the check or writing a counterfeit check.

    Considerations

    • If you know you have written a bad check, try to amend the situation immediately to avoid fines and costly legal fees. In the case you don't have enough money and can only make a partial payment, try to work out a payment plan directly with the person. If he agrees, he may decide to not bring criminal charges against you.

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