Delaware Notice of Bad Check or NSF Check - Criminal
This is a Notice of Bad Check or NSF Check - Civil. A "Bad Check or NSF check" (also known as a "bounced check" or "bad check") is a Bad Check or NSF check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the Bad Check or NSF check. In order to attempt the greatest possible recovery on a dishonored check, the business owner, or any other person given a Bad Check or NSF check, may be required by state law to notify the debtor that the Bad Check or NSF check was dishonored.
Delaware Bad Check Law Summary - Delaware Notice of Bad Check or NSF Check - Criminal
Delaware Bad Check Law Summary
Notice of Bad Check or NSF Check
Note: This summary is not intended to be an all inclusive summary of the law of
Bad Check or NSF checks, but does contain basic and other provisions.
DELAWARE BAD CHECK LAW CRIMINAL PROVISIONS
Delaware Code
TITLE 11 - Crimes and Criminal Procedure
CHAPTER 5 - SPECIFIC OFFENSES
Subchapter III - Offenses Involving Property
Subpart I - Other Frauds and Cheats
§ 900. Issuing a bad check; class A misdemeanor; class G felony.
(a) A person is guilty of issuing a bad check when the person issues or passes a
bad check or NSF check knowing that it will not be honored by the drawee. For
the purpose of this section, as well as in any prosecution for theft committed
by means of a bad check, it is prima facie evidence of knowledge that the bad
check or NSF check (other than a postdated bad check or NSF check) would not be
honored that:
(1) The issuer had no account with the drawee at the time the bad check or NSF
check was issued; or
(2) Payment was refused by the drawee upon presentation because the issuer had
insufficient funds or credit, and the issuer failed to make good within 10 days
after receiving notice of that refusal.
Issuing a bad check is a class A misdemeanor unless the amount of the check is
$1,000 or more, in which case it is a class G felony.
(b) The failure of any business or other commercial entity, prior to the
completion of a transaction (other than a transaction by mail) for which a check
is accepted in person by the payee as consideration for goods or services
provided by the payee, to (1) request and inspect the person's valid driver's
license or other photo identification card, which lists the person's name,
address, date of birth and approximate height and weight, to validate the
identify of the person presenting the check; and (2) record on the bad check or
NSF check being presented the person's name, driver's license number, if such
person has a driver's license, date of birth and address, may result in the
refusal of a law enforcement agency to investigate violations of subsection (a)
of this section.