Writing Bad Checks can Cause Problems
Writing bad checks can cause a variety of different problems for you. You’re likely to pay significant fees, you may lose the ability to write checks in the future, you risk legal issues, and your credit can suffer. If you’re thinking about writing a check that you don’t have funds for, learn what can go wrong. If you’ve already paid with a bad check, see what you can do to avoid problems.
If you received a rubber check, see How Returned Checks Work. You’ll find out what caused the problem, how to solve it, and how to prevent it in the future.
What Is a Bad Check?
A bad check is a check that a check writer’s bank does not pay on. When you write a check, the payee (the person, business, or organization that you’re paying) typically deposits the check to their bank account or tries to cash it. That bank then submits the check to your bank — possibly very quickly, by converting it to an electronic check. At that point, your bank verifies if you have funds available in your account to complete the payment.
If you don’t have the funds available, you’re writing a bad check. Sometimes this is intentional: You know you don’t have the money, but you write the check anyway (which is a bad idea). In other cases, it’s an accident. There are several situations when you might reasonably believe you have money available:
- A payment you expected (like direct deposit from your job) did not hit your account.
- A deposit or payment to you has not yet cleared in your account.
- A purchase with your debit card created a hold in your account (possibly for more than you really spent).
- Somebody deposited a check that you wrote long ago but forgot about.
Whether it happens on purpose or by accident, the results are typically the same — assuming you don’t make a habit out of it. Repeatedly writing checks that bounce is a recipe for trouble.
So, what happens if you write a bad check?
Fees and Expenses
Bad checks can cost you money that you don’t have.
You usually pay a fee to whoever you wrote the check to (typically around $25), and that business or organization may refuse to accept your checks going forward. Your bank also charges fees for bad checks. They return the check to a business unpaid and ding you with a bounced check fee. Also known as insufficient funds fees, those charges are often around $35.
Your bank might decide to pay the check as a “courtesy” and charge overdraft fees (again, often around $35, or they may call it a loan and charge you interest). Learn more about How Overdraft Protection Plans Work.
If you’re keeping count, that’s at least two fees that you’re paying. There’s also a good chance that your payment (whatever you wrote the check for) will be considered “late,” so you could face late payment penalties as well.
Bad Check Databases
Another risk is that you’ll end up in a database of people who write bad checks. If that happens, banks might not allow you to open a checking account, and some merchants might not accept checks from you. ChexSystems is just one company that tracks bad checks, usually for financial institutions. Retailers also use check verification services to find out if they should accept your check at the checkout counter (before they let you walk out with merchandise).
Is it Illegal to Bounce Checks?
Writing bad checks can be a felony. Each state has different laws, limits, and procedures, but you should know that you can end up in jail for writing bad checks. It probably won’t happen if you accidentally bounce one or two checks, but repeated incidents (and “biggies”) can be a problem. Ultimately, you may face legal fees, mandatory education programs, and a tarnished criminal record.
For more details, see I Bounced a Check. Now What?
Depositing a bad check to your account can also have severe consequences. This is a common occurrence with cashier’s check fraud, where victims deposit a fake check and withdraw or transfer funds out of their account. You are responsible for deposits you make to your account, and you will most likely owe your bank for any funds you withdraw.
The legal consequences of depositing a check, again, depend on state law. Plus, there’s a big difference between falling for a scam and repeatedly depositing fraudulent checks. Debt collectors may be aggressive, but jail time is probably not the first step the courts take.
If you receive legal notices, contact a local attorney immediately to find out what options exist and what risks you face.
How Bad Checks Affect Your Credit
A bounced check doesn’t appear in your traditional credit reports. However, companies like ChexSystems may keep a record of your banking activity.
If you do not have a strong credit history (because you have not yet built up your credit), lenders, employers, and insurers may look at “alternative” credit rating agencies to decide whether or not to do business with you. Those agencies may include information about bad checks, which will hurt your chances. Learn more about your credit history.
How to Stop Writing Bad Checks
If you’re bouncing checks, take steps to avoid the problems above.
- Keep track of how much you have available in your checking account, and remember that there’s a difference between your account balance and your available balance. It’s easy to find your balance if you log in online or use an app on your mobile device. For a quick account check, text message inquiries can be very helpful.
- Balance your checking account so that you know how much you have now and how much you’ll have tomorrow. There are several ways to balance your account — pick the one that works best for you.
- Keep some extra cash in your account as a buffer. Mistakes happen, and sometimes an extra $10 or $20 can help you avoid bigger fees and headaches.
- Write fewer checks. If you spend with cash, you always know what you can afford. Of course, cash isn't always safe or practical. But debit cards are another option for spending the money from your checking account.
Clark County District Attorney. "What Is a Bad Check?" Accessed Jan. 13, 2020
Board of Governors of the Federal Reserve. "Frequently Asked Questions About Check 21," Accessed Jan. 13, 2020
Board of Governors of the Federal Reserve. "Protecting Yourself From Overdraft and Bounced-Check Fees," Page 1. Accessed Jan. 13, 2020
Federal Deposit Insurance Corporation (FDIC). "Have You Bounced Yourself Out of a Checking Account?" Accessed Jan. 13, 2020
Virginia General Assembly. "§ 18.2-181. Issuing Bad Checks, Etc., Larceny," Accessed Jan. 13, 2020
Consumer Financial Protection Bureau. "I Bounced a Check. Will This Show up on My Credit Report?" Accessed Jan. 13, 2020