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5 Cards in this Set
- Front
- Back
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Giving worthless checks, drafts, and debit card orders; penalty
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title
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purpose
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The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit card orders, and other orders on banks without first providing funds in or credit with the depositories on which the same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks, bad banking, check kiting, and a mischief to trade and commerce
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Worthless checks, drafts, or debit card orders; penalty -
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*It is unlawful for any person* firm or corporation *to draw* make, utter, issue, or deliver to another *any check*, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, *knowing* *at the time of the drawing that the drawer therefor has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check*
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penalty b) ***
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*A violation of the provisions of this subsection constitutes a misdemeanor of the first degree ( 1 year/1000 dollars) unless the check is in the amount of $150 or more and the payee or a subsequent holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree (5 years/$5000)
**payment no defense** *payment of a dishonored check, draft, bill of exchange, or other order does not constitute a defense or ground for dismissal of charges brought under this section |
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*Prima facie evidence of intent; identity. - *
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*In any prosecution or action under this chapter, the making, drawing, uttering or delivery of a check, draft or order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraude or knowledge of insufficient funds in, or credit with, such bank* *you may be additionally liable in a civil action for triple the amount of the check, but in no case less that $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees**
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