Bad Check:

The 1997 Colorado Revised Statutes provides both civil and criminal penalties against any person who knowing issues a bad check.

Section 13-21-109 of the Colorado Revised Statutes provides that any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction, by means of a bad check may be liable to the holder of such check, one of the following amounts, at the option of the holder:

1.  face amount of the bad check plus actual damages; or

2.  face amount of the bad check plus any reasonably posted or contractual charge not to exceed $20.00 and cost of collection of 20% of the face amount of the check but not less than $20.00, if the check has been assigned to a licensed collection agency for collection; or

3.  if a written notice, conforming to the statutory requirements, demanding payment has been sent, and the maker of the bad check fails to pay as demanded within 15 days after the notice is given, three (3) times the face amount of the check but not less than $100.00.

The written notice must include the date the check was issued, the name of the drawee, the name of the payee, the face amount, a statement of the total amount due pursuant to the C.R.S. 13-21-109(2), a statement that the maker of the bad check has fifteen (15) days from the date of the notice within which to make payment in full, and a statement that if payment is not made as demanded within fifteen (15) days, the maker may be liable in a civil action for three (3) times the face amount of the check, but not less than $100.00, court costs and attorneys fees.  The notice must be sent by certified mail, returned receipt requested and postage prepaid.  (C.R.S. 13-21-109(3).)

The treble damages provided under the said statutory provision does not permit the holder of a bad check to assert such right unless and until a final judgment is determined by a court of competent jurisdiction in a civil action.  (C.R.S. 13-21-109(5).) 13-21-109

Criminal penalties for issuing a bad check or fraud by check are set forth in C.R.S. 18-5-512 and C.R.S. 18-5-205 of the Colorado Revised Statutes.  Any person who violates these statutes may be subject to charges of  a misdemeanor if the bad check amount is under $400.00, or a felony if the amount is in excess of $400.00.  (C.R.S. 18-5-205(3).)  A person is presumed to have knowledge of insufficient fund if he has no account upon which the check is drawn with the bank or other drawee at the time he issues the check; or he has insufficient funds upon deposit with the bank or other drawee to pay the check, on presentation within thirty days after issue. (C.R.S. 18-5-205(8).)

Colorado General Assembly

Denver Bar Assoc

See this electronic publication from Colorado Collection Agency Board Bad Check Law