Terms Of Use California

Bad Check:

The maker of a dishonored check has 15 days from the date a written demand is mailed or delivered to him, at the address shown on the check or his last known address, to pay the holder of the dishonored check the face amount of the check plus a collection fee not to exceed $15.00 dollars.  (WS 1-1-115(a).)  If he fails to pay these amounts within 30 days from the date a second written demand, mailed to him by certified mail, return receipt requested, to the address shown on the check or his last known address, he may be civilly liable to the holder of the check twice the amount of the check but not less than $50.00, and for interest and costs of collection including reasonable attorney fees.  If a civil action is brought, the prevailing party may be awarded court costs and reasonable attorney fees not to exceed $200.00. In extraordinary cases, including cases in which the court determines that the party who wrote the check has raised dilatory or bad faith defenses, the court may award the prevailing party actual collection costs including reasonable attorney fees and costs.  (WS 1-1-115(b).)
 
Under the Wyoming's criminal statutes, a person is presumed to have an intent to commit fraud by check if he passes the check knowing that he did not have an account with the drawee, or at the time the bad check was issued or presented, he did not have sufficient funds with the drawee and that he failed to pay the check  within five (5) days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the check. (WS 6-3-703.)   Any person who commits fraud by check may be liable to the holder of the check for the sum of the check plus interest, costs of collection and reasonable collection fees. (WS 6-3-705(c).)

The commission of fraud by check may subject the offender to criminal charges.  If the dishonored check amount is less than $5000.00, the offender may be charged with a misdemeanor which is punishable by imprisonment for not more than 6 months or a fine or not more than $750, or both.  If the check amount exceeds $500.00, or if the offender issued two or more checks within a period of 60 days in the State of Wyoming totalling $500.00 or more in aggregate, he may be charged with a felony punishable by imprisonment for not more than 10 years, or a fine of not more than $10,000.00, or both.  (WS 6-3-702.)

The holder of the bad check, or any person having acquired a right to a bad check, may file a criminal complaint.  In that case, the court may order a deferred prosecution or probation, and as a condition of supervision, require the defendant to make restitution in an amount not to exceed twice the amount of the dishonored check. (WS 6-3-704.)

For the purpose of these provisions, a drawee generally is not liable for releasing personal information to the payee or holder of a bad check, upon his written request, or to the Sheriff or other government officials after warrant is issued against the drawee (WS 6-3-705, 6-3-706.)

 

A copy of Wyoming Statutes is linked here. Always discuss actual cases with your actual legal advisor or legal department. The Wyoming State Bar is linked here.
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