Bad Check:

The Arkansas Hot Check Law (Ark. C. 5-37-301, et seq.) makes it unlawful for any person to make, draw, utter, or deliver, a bad check knowing that the maker, drawer, or payor does not have sufficient funds in or on deposit with the bank or has good reason to believe that the check would not be paid upon presentation, (Ark. C. 5-37-302.)  A person is presumed to have intent to defraud and knew that the check would be dishonored if he had no account with the drawee bank at the time the check was issued, or his check was refused by the drawee bank within thirty (30) days upon presentation, and he fails to pay the amount of the check plus $20.00 service charge within ten (10) days after receiving written notice of dishonor.  (Ark. C. 5-37-304.)

The written notice of dishonor must be sent to the maker of the bad check by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance, or to the maker's current residence.  The form of the notice must be substantially as follows:
 

• "You are hereby ntoified that the check(s) or instrument(s) listed below (has) (have) been dishonored.  Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $________ (not to exceed $20.00 per check), the total amount due being $________.  Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the Prosecuting Attorney for criminal prosecution.

  CHECK NO.        CHECK DATE        CHECK AMOUNT        NAME OF BANK
  ____________    _______________    _______________    ________________
  ____________    _______________    _______________    ________________"
   

If the maker of the check fails to pay the check as demanded, and is determined to be guilty, he may be subject to fines between $50 and $2,000 and/or imprisonment in the county jail or regional detention facility for a period between 30 and 90 days if the amount of the bad check is less than $200 and depending on the number of offenses.    The maker of a bad check may be prosecuted for a felony charge if the amount of the bad check is more than $200.  (Ark. C. 5-37-305.)