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You might be wondering how the prosecutor is going to prove in court that you knew your account did not have enough funds to cover your bad check, as required by the state statute for a conviction. The law says that it is assumed you knew there was not enough money when you wrote the check unless you paid the holder back the amount that was bounced within fine days after receiving written notice that your check bounced.

If the bank notifies you by certified or registered mail to your last know address, that is deemed sufficient notice for the five days notice.

If the bank sends notice that your check has bounced to the address written on your check, that is good notice even if there is no return of service on certified or registered mail.

If the check was written from a bank in which you have no account, it is presumed you had the intent to defraud even if you pay the money back within five days.

Here are some helpful rules to follow regarding checks: First, keep your bank account in order at all times so as to avoid writing bad checks in the first place.

Second, under no circumstances should you write a check for more money than you have in your bank account. If you owe more money than you can pay, call your creditors to try and work out a payment plan so that you can pay the amount due over time. Follow through with your agreed upon payment plan. Creditors are much more willing to work with you if they can trust that you will do as you promise. more>>

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