Most people don’t think twice before writing a check. But in Washington State, writing a bad check can land you in serious legal trouble. We’re talking criminal charges, fines, and even prison time.
Honestly, this surprises a lot of people. Let’s break it down so you know exactly where you stand.
What Is a Bad Check?
A bad check is a check you write when you don’t have enough money in your account to cover it. In Washington, this is officially called “Unlawful Issuance of a Bank Check,” or UIBC for short.
The law is found in the Revised Code of Washington, RCW 9A.56.060. Pretty much any type of payment check can count here. That includes personal checks, cashier’s checks, and even money orders.
Basic Bad Check Laws in Washington
Writing a Check You Can’t Cover
Washington law makes it a crime to write a check when you know you don’t have enough funds. The key word is “know.” You have to be aware of the problem at the time you write the check.
The law also requires proof of “intent to defraud.” That sounds complicated, but it’s actually not. If you hand someone a check knowing your account can’t cover it, that act alone can be enough to prove intent. The burden is then on you to prove otherwise.
Wondering if an honest mistake counts as a crime? It might not. But if a check bounces, the law assumes you knew. That assumption can be hard to fight in court.
Stop-Payment Requests Can Also Be a Crime
Here’s where it gets interesting. You can also be charged with UIBC if you write a check and then call your bank to stop payment on it.
This is only a crime if you do it to cheat someone out of money. And you must fail to arrange another form of payment within 20 days. If you pay the person back another way within that window, you may avoid criminal charges.
Okay, pause. Read this carefully. Even stopping payment on a check can be a crime if you’re trying to dodge a debt.
Multiple Bad Checks Add Up
Say you write five bad checks to different people. Each one is under $750. You might think each one is just a minor offense.
Wrong. Washington law allows prosecutors to add up all the checks if they were part of a “common scheme or plan.” If the total goes over $750, you can face felony charges. That’s a big deal.
Penalties and Consequences
Misdemeanor Penalties
If the bad check is for $750 or less, the charge is a gross misdemeanor. Think of it like a serious traffic offense, but with more teeth.
A gross misdemeanor can bring up to 364 days in jail. You can also face a fine of up to $1,125. The court will order you to pay back the full amount of the check. At least $375 of the fine cannot be waived or delayed.
If you get caught twice within 12 months, the court cannot waive any part of your fine. You pay it all.
Felony Penalties
If the bad check is for more than $750, you are looking at a Class C felony. This is serious stuff.
A Class C felony carries up to 5 years in prison and a fine of up to $10,000. Your actual sentence depends on Washington’s Sentencing Guidelines and your prior record. Either way, a felony conviction can follow you for life.
Many people assume a bounced check is no big deal. They find out the hard way. Don’t be one of them.
Civil Penalties Too
Here’s something most people miss entirely. On top of criminal charges, you can also face civil penalties. These are separate from the criminal case.
If your check bounces, the person you paid can send you a formal “Notice of Dishonor.” That’s a written demand for payment. Once you receive it, you have 15 days to make it right.
If you don’t pay within 15 days, the other person can sue you in civil court. They can ask for the original check amount plus 12% annual interest. They can also ask for up to $300 or three times the check’s face amount, whichever is less. Plus court costs and attorney fees.
So yeah, ignoring a bounced check is a very bad idea.
The 33-Day Window You Need to Know About
Washington law gives check writers a chance to fix things before it gets worse. Here’s how the timeline works.
First, your bank returns the check and sends a notice of dishonor. Then the person you paid sends you a written demand. From that point, you have 15 days to pay.
If you still haven’t paid after 33 days total, the other party can file a lawsuit. At that point, you are on the hook for much more than the original check amount. Move fast if you get a dishonor notice.
Special Circumstances
Statute of Limitations
The state has six years to pursue a civil bad check case against you. That’s a long time. Don’t assume a bounced check from a few years ago is forgotten.
Criminal charges also have their own time limits. For a gross misdemeanor, the window is typically two years. For a felony, it’s longer. The clock usually starts from when the check bounced.
Businesses and Merchants
If you run a business and receive a bad check, you have specific rights. You can pursue both criminal and civil remedies. But you must follow the legal process carefully.
A friend of mine runs a small shop. A customer’s check bounced for $400. She didn’t know about the civil process. She just called and asked for payment. That was a mistake. Following the proper notice steps is how you protect your right to collect fees and court costs.
Personally, I think the law does a decent job of protecting businesses here. But you have to follow the rules exactly.
Retailers and the Notice of Dishonor
If your business gets a bad check, send a written notice of dishonor right away. Use certified mail so you have a record. Include the check amount, bank name, and date it was returned.
Do not try to charge more interest than the law allows. Do not demand fees sooner than 15 days after sending the notice. Breaking the collection rules can cost you your right to extra damages.
How to Avoid Bad Check Charges
Stay with me here. This part is simple.
First, always check your bank balance before writing a check. Never assume funds are there. Mobile banking apps make this easy.
Second, if a check bounces by mistake, call the person immediately. Offer to pay another way right away. Many people will work with you if you’re upfront and fast.
Third, if you get a notice of dishonor, do not ignore it. You have 15 days to respond. Pay the amount or contact the other party right away. Ignoring it just makes everything worse and more expensive.
If you are facing criminal charges for a bad check, talk to a lawyer as soon as possible. Washington’s public defender system can help if you can’t afford one.
What If You Receive a Bad Check?
You’re not just here to learn about your own risks. Right? Maybe you’ve gotten a bad check and want to know what to do.
Send a written Notice of Dishonor. Use certified mail. Give the person 15 days to pay. If they don’t, you can file a civil lawsuit and possibly report it to law enforcement.
Keep records of everything. The more documentation you have, the stronger your case.
Frequently Asked Questions
What does “intent to defraud” mean in Washington’s bad check law?
It means you knowingly wrote a check that you couldn’t cover with the goal of tricking someone. Simply writing the check when your account is short is often enough to prove this in court.
Can I go to jail for a single bounced check in Washington?
Yes. A gross misdemeanor can result in up to 364 days in jail. A felony bad check charge can result in up to 5 years in prison.
What if my check bounced by accident?
Accidents can still lead to charges if prosecutors believe you knew the funds weren’t there. Act fast, pay the amount, and document everything. This may prevent criminal charges.
Can businesses charge extra fees for bad checks?
They can seek specific civil damages through the court process. These include interest, court costs, and attorney fees. But they must follow the legal steps and cannot demand more than the law allows.
How long does Washington have to prosecute a bad check crime?
For a gross misdemeanor, the limit is typically two years. For felony charges, the window is longer. Civil cases can be filed for up to six years.
Final Thoughts
Washington takes bad check laws seriously. A single bounced check can turn into a criminal charge fast. And ignoring the problem only makes the penalties worse.
Now you know the basics. Check your balance. Respond quickly if a check bounces. Follow the legal process if you receive one. And when in doubt, talk to a lawyer.
Stay smart. Stay ahead of it.
