Something to Think About the Next Time You Write a Bad Check in Colorado

Writing a rubber check in any state can cost you more than bank fees; you could end up paying out more in fines–or you could end up in jail. Most times a bad check is the result of an accounting error on your part, such as miscalculating how much funds you need to deposit in the bank to cover all of your outstanding checks. In some instances, writing a bad check is desperate move to buy more time to pay creditors who are demanding payment before you have enough money in the bank.

In either case, writing a bad check is a risky move. There are both civil and criminal penalties for issuing bad checks, however, criminal cases involving bad checks are more costly and difficult to prove. The check signer is usually the one held liable, but the person who endorses and passes the check on to another party could be equally liable.

Issuing a bad check in Colorado is punishable by a civil penalty of three times the check amount or at least a hundred dollars. Writing a bad check in Colorado in the amount of $100 to $500 or two or more bad checks totaling $100 to $500 within a 60-day period is a Class 2 misdemeanor, the penalty of which is a jail term of 3 months to 1 year or a fine of $250 to $1,000 or both.

Bouncing a check more than $500 or bounding two or more checks totaling $500 in a 60-day period is a Class 6 felony in Colorado. The punishment for a Class 6 offense is one to five years in prison or a $1000 to $15,000 fine or both. The jail term increases to one to ten years and the fine increases to $2,000 to $30,000, or both, if you have two previous convictions for bad checks.

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Attorneys at Ellmann & Ellmann, P.C. are committed to provide dedicated representation for criminal cases, estate planning and family law throughout Colorado.

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