When Is There Sufficient Evidence that a Check Writer Knew that He or She Had Insufficient Funds?

If a person writes a check and the check bounces, is that enough to charge the person with the misdemeanor offense of writing a worthless check? What about if the recipient of the check notifies the check writer that the check bounced and the check writer doesn’t pay off the check? This post explores when a criminal charge is a permissible response to a worthless check. Statutory provision. Under G.S. 14-107, it is a crime for “any person . . . to . . . make . . . and deliver to another[] any check . . . knowing at the time of the making . . . and delivering . . . that the maker . . . [h]as not sufficient funds . . . or credit . . . with which to pay the check . . . upon presentation.” The statute requires knowledge of insufficient funds. The statute requires that the maker “know[] at the time of the making” that the check is worthless. Apparently, the bad check laws in all but a few states contain similar mens rea provisions. Elwood Earl Sanders, Jr., Time to Close the Collection Agency: Addressing the Abuse of Bad Check Laws, 2 Charleston L. Rev. 215 (2007) (reporting that three states have strict liability bad check laws while the remainder require knowledge of insufficient funds or intent to defraud). The fact that a check bounces is not enough to show knowledge. In some states, the law presumes that people know their bank [...]