570.120. Crime of passing bad checks, penalty — actual notice given, when — administrative handling costs, amount, deposit in fund — use of fund — additional costs, amount — payroll checks, action, when — service charge may be collected — return of bad check to depositor by financial institution must be on condition that issuer is identifiable.
Writing a check that bounces or using a fake account can be a crime
If someone writes a check they know won’t go through or doesn’t fix it after being told, they can be charged with a crime in Missouri.
1. A person commits this crime if they either:
- Write or pass a check or send payment info on purpose knowing it won’t be paid or that the bank doesn’t exist, or
- Write or pass a check knowing there isn’t enough money to cover it and don’t pay it within 10 days after being notified in writing that it bounced.
2. “Actual notice in writing” means the person really got written notice. This can include being served with court papers, as long as those papers explain the 10-day rule and offer dismissal if paid in time. Refusing to accept the notice also counts as receiving it.
3. If multiple bad checks are passed within 10 days as part of a single plan, their total amounts can be added up to decide how serious the crime is.
4. Passing bad checks is a class A misdemeanor unless:
- The total is $750 or more, or
- The person wrote the check with no bank account at all.
In these cases, it’s a class E felony.
5. The prosecutor can collect an extra fee from the person who wrote the check:
- $25 for checks under $100
- $50 for checks from $100–$249
- 10% of the check’s value (up to $75 max) for checks $250 or more
This money goes into special county and state funds to help cover costs.
6. Extra rules:
- The prosecutor can also collect a reasonable service fee and give it to the person who got the bad check;
- If no legal action is taken, the person owed money can collect up to $25 plus whatever their bank charged them for the returned check.
7. When a bank returns a bounced check, it must either be in original condition or include enough information to identify who wrote it.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
