Terms Of Use California

 

Bad Check:

 

Any person who issues a bad check knowing at the time of doing so that he does not have sufficient funds or credit in the bank upon presentation, and fails to pay the check after receipt of a notice of dishonor, is guilty of a misdemeanor. (T.33, s1851.)  The written demand is required to be personally delivered to the maker, and shall state the address of the holder to whom payment is to be made, the amount of the check, and the due date for payment which is not less than 10 days if the maker resides in the locality of the holder, or 15 days if the maker resides in another municipality of the Commonwealth.  (T.33, s1854.)

The refusal of the bank to pay on a check because of insufficient funds constitutes prima facie evidence of the maker's intent to defraud.  Upon conviction, the maker may be punished by a fine of not less than twice the amount of the check or by imprisonment in jail for one day for each dollar or fraction thereof he fails to pay, or both.  (T.33, s1852, s1852.)

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