Law on Writing Bad Checks in Michigan
- Writing a bad check in Michigan is a felony. A conviction may result in a jail or prison sentence of up to two years and/or a fine of up to $500. The length of imprisonment depends on the amount of the bad check or the quantity of bad checks that have been passed.
- A conviction for writing a bad check also make you liable for the amount of the check(s). Under the law, failure to make payment for the amount of the bad check within a reasonable time after receiving notice requesting payment, may lead to additional penalties, including a fine of twice the amount of the check and costs of $250.
- Restitution for a victim of a bad check is not automatic. According to the law, a victim must first make a written request for payment and deliver it to the person who passed the bad check by first-class mail. The maker of the bad check then has a maximum of 30 days to pay the check plus an additional fee ranging between $25 to $35 or become subject to stiffer fines and penalties.
- A victim that fails to receive payment after a properly sent request for payment may sue the maker of the bad check in small claims court if the amount is less than $3,000. Alternatively, the law allows a victim to hire a collection agency to facilitate payment.
- Several Michigan cities and counties offer Bad Check Restitution Programs (BCRP) which help people charged with writing avoid both civil and criminal charges or penalties. According to the Kent County, Michigan Prosecutor's Office, BCRP save the government time and money, allow victims quick resolution of their cases and allow bad check writers to avoid jail.
Criminal Penalties
Civil Penalties
Repayment Process
Taking Action
Bad Check Restitution Programs
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