Statute of Limitations

• In most instances, Arkansas hot check writers are provided an opportunity to pay the debt before prosecution commences (in addition to paying a civil penalty of a given amount, typically $25, and any bank fees incurred by the check casher). If the check is not made good (i.e., redeemed by the writer for cash and fees), the statute of limitations under Arkansas law is one year, meaning any prosecution must be undertaken within one year after the check was written.
  
  

Misdemeanor

• Writing bad checks in Arkansas can land you in jail or prison.handcuffs image by Daniel Wiedemann from Fotolia.com
  
  In Arkansas, if the hot check or checks total less than $200, it is a misdemeanor. A hot check misdemeanor conviction could result in up to a year in jail and a fine of up to $500.
  
  

Felony

• As Saline County, Arkansas, Prosecuting Attorney Ken Casady notes, Arkansas has a complex felony hot check law. If the check or checks that bounce exceed $200, the writer is subject to a felony charge. Also, if more than one hot check is written in a period of 90 days and the total exceeds $500, it also is chargeable as a felony. A felony hot check totaling less than $2,500 is a class "C" felony that could result in three to 10 years prison and up to a $10,000 fine. Checks totaling more than $2,500 constitute a class "B" felony punishable by five to 20 years in prison and a $15,000 fine.
  
  

Exceptions

• As noted on Access Fayetteville.org, certain restrictions apply to the hot check law in Arkansas. Checks that cannot be counted as hot checks include those on which payment was stopped; postdated checks; checks not presented to a bank for cashing within 30 days; a partial-payment check (such as in payment on an account); and two-party checks.
  
  

Warning

• Consult state laws or an attorney for more information.young lawyer image by Alexey Stiop from Fotolia.com
  
  As laws are subject to change at any time, and individual circumstances may vary, legal advice should be sought if facing prosecution for hot checks. Additional rights and restrictions may apply to both check writers and cashers.