Bad Check:

Bad Check:

Any person who issues a bad check in the State of Alaska may be subject to both civil and criminal penalties.  Section   09.68.115 of the Alaska Statutes provides that a person who issues a check that is dishonored, may be liable to the holder in an action for damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
 

(1) the plaintiff makes a written demand for payment of the check at least 15 days before beginning the action; and

(2) the defendant fails to tender, before the action begins, an amount equal to at least the amount of the check plus costs incurred by the plaintiff up to a maximum of $25.

After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150. A civil action under this statutory provision may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.

Under Alaska's criminal statute,  11-46 Section 280,  it is prima facie evidence that the drawer of the bad check knew the check would not be honored by the drawee if:
 

 (1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class  mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or

(2) the drawer had no account with the drawee at the time the check was issued.

Issuing a bad check may be a misdemeanor if the sum of under $500.00 or a felony if it is above $500.00

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