Bad Check:

The Connecticut General Statutes provides both civil and criminal penalties against any person who issues a bad check.

Any person who issues a check which he knows, or should know, would not be honored by the drawee is responsible for damages to the holder of the bad check.  The damages must be determined by the appropriate court in light of the circumstances.  In the case of a bad check that is returned because the maker does not have an account with the drawee, the amount of damages may be awarded is the face amount of the check or $750.00, whichever is less.  In the case of a bad check returned by the drawee because of insufficient fund, the amount which the court may award the holder is the face amount of the check or $400.00, whichever is less.

In order to qualify for damages, the holder of the check generally is required to post or otherwise give conspicuous notice to the public of the damages which may be imposed pursuant to Section 52-565a of the Connecticut General Statutes.  Such notice must set forth: (1) the damages that may be imposed if a check is dishonored; (2) the section of the general statutes authorizing imposition of such damages; and (3) that criminal penalties also may apply.  In addition, the holder must have given two prior written notices to the issuer of the bad check, in the manner prescribed under the said code section, and the maker has failed to pay the face amount of the bad check within thirty days following the date of mailing by the payee of the second written demand for payment.   The first written demand for payment on the dishonored check shall be sent to the drawer's last known residence address or last known place of business by first class mail and by certified mail return receipt requested with delivery restricted to the drawer, on or after the date the payee received notice that such check had been dishonored. The second written demand for payment on the dishonored check shall be sent to the drawer at the drawer's last known residence address or last known place of business by first class mail on or after the fifteenth day following the date the first written demand for payment was received by the drawer. (Section 52-565a(f).)

The two required written demands for payment must be printed in at least ten-point type in both English and Spanish and shall include the following: (1) the name and last known address of the drawer; (2) the amount and date of the dishonored check; (3) the bank upon which the check was drawn; (4) the name of the payee; (5) the reason the check was dishonored; (6) the address to which payment should be delivered; (7) an explanation of the damages which may be imposed pursuant to this section in the event the drawer fails to pay the face amount of the dishonored check; and (8) whether the notice constitutes the first or second demand for payment. (Section 52-565a(g).)

The drawer of a bad check is, however, not liable to the payee for the damages provided under the General Statutes if: (1) the drawer gave such check as payment for residential service supplied by a gas, electric, steam, telephone or water utility; (2) the drawer gave such check as payment for the rental of residential premises; or (3) the drawer gave such check as repayment of all, or a portion of, a debt secured by collateral which the payee has repossessed (Section 52-565a(d).)

Under Section 53a-128 of the Penal Code of the Connecticut General Statutes, an issuer of a bad check is presumed to know that the check or order, other than a postdated check or order, would not be paid, if: (1) the issuer had no account with the drawee at the time the check or order was issued; or (2) payment was refused by the drawee for insufficient funds upon presentation within thirty days after issue and the issuer failed to make good within eight days after receiving notice of such refusal. Such person may be subject to charges of a misdemeanor if the amount of the check is less than $1,000.00, or a felony if the check amount is more than $1,000.00.