What are the hot check laws in Arkansas?
Mar 28, 2020 · The Arkansas “hot check” law comes into effect when a person in the state of Arkansas writes a check for an amount he knows cannot be covered by the money in his bank account. Whether the hot-check writer has committed a felony or misdemeanor depends on the amount of the bounced check, but the penalties are also different depending on where the …
What is a hot check?
Bad checks, also known as hot checks, are those returned for insufficient funds. If you receive a bad check from someone in Arkansas after providing the check writer with goods or services, you can pursue criminal or civil action against this person.
What happens if you receive a bad check in Arkansas?
The Statute of Limitations for Bad Checks in Arkansas. Hot checks, sometimes called bounced checks or bad checks, are checks in which the amount they are written for cannot be collected because of lack of funds in the account. This can be done either accidentally or intentionally.
Are all worthless checks Legally Hot Checks?
Dec 09, 2021 · Writing a "hot check," or bad check, is a crime in the state of Arkansas. A person violates hot check laws when they knowingly write a check for an amount they cannot cover due to insufficient funds. The charges and subsequent penalties vary based on the amount of the check and if it is the offender's first offense or whether they have past convictions for the crime.
What is a hot check?
What Are Hot Checks? Hot checks, sometimes called bounced checks or bad checks, are checks in which the amount they are written for cannot be collected because of lack of funds in the account. This can be done either accidentally or intentionally.
How long does it take to pay a check if it is bad?
Before filing a bad check with the state attorney general's office, the check writer must be given a notice explaining that their check had resulted in non-sufficient funds and giving them 10 business days to pay the amount.
How long does it take for a bad check to be prosecuted?
However, most demand that in order for a bad check to be prosecutable, it must have been presented to the bank in question for payment within 30 days of being written.
Is a hot check legal in Georgia?
This can be done either accidentally or intentionally. However, not all worthless checks are legally hot checks.
Can a hot check be claimed as a check?
When filing a hot check with the state attorney general, you must explain for what the check was originally written. If the check was written for illegal activity it cannot be claimed as a hot check, whether it resulted in non-sufficient funds or not.
Is a hot check considered a worthless check?
Some kinds of worthless checks are not considered to legally be hot checks. Checks received through the mail may not be prosecutable as hot checks, and neither are checks for less than $5 and checks more than six months old.
What is a bad check in Arkansas?
Bad checks, also known as hot checks, are those returned for insufficient funds. If you receive a bad check from someone in Arkansas after providing the check writer with goods or services, you can pursue criminal or civil action against this person. The amount of time to sue or prosecute the person depends on the amount ...
How long does a hot check last?
For misdemeanor hot checks, the statute of limitations is one year. This means that the prosecutor must file charges within one year of the check being denied for insufficient funds. If the prosecutor waits until after one year has passed, the court will dismiss the case as being outside the statute of limitations and the criminal defendant cannot be convicted of the crime. Felony bad checks have a statute of limitations of three years. Individuals who want to have the prosecutor pursue the action criminally can refer to their county's hot check program.
How long can you file a bad check?
Felony bad checks have a statute of limitations of three years. Individuals who want to have the prosecutor pursue the action criminally can refer to their county's hot check program. As an alternative, you can pursue a civil lawsuit against the person who wrote the bad check.
What is the maximum fine for a hot check?
If a person is convicted of a hot check of less than $1,000 in value and it is his first offense, he is guilty of a misdemeanor with a maximum punishment of a fine of up to $500, jail time of up to 30 days, or both. For a second offense, the maximum fine increases to $1,000 and the maximum jail sentence increases ...
Is it illegal to write a check in Arkansas?
Arkansas law criminalizes the act of writing a check in exchange for goods or services when the person who wrote the check has been made aware that there are insufficient funds to cover it. A criminal defendant is presumed to know he has insufficient funds if he received notice from the bank of the insufficient funds to cover a check and failed to cover the check amount and related fees within 30 days of receiving this notice.
Where is the hot check office in Bentonville?
The Hot Check Division is located in the Office of Prosecuting Attorney on the second floor of the Benton County Historic Courthouse building on the Bentonville square.
Who prosecutes bad checks in Benton County?
The Hot Check Division of the Office of Prosecuting Attorney prosecutes persons who write bad checks throughout Benton County, and collects restitution for area merchants.The Division has collected and disbursed millions of dollars in restitution to these merchants. The service is provided free to the businesses, and the businesses may collect a merchant’s fee in addition to the amount of the check.
Where to fill out a hot check affidavit in Lonoke County?
Fill out a Hot Check affidavit at the Lonoke County Prosecutor’s Office. (link to example) Do not accept any money on the checks that have been turned over. The check writers must pay through the Hot Check Office.
How long does a check last?
A check that is outside of the statute of limitations, one year if it is less than $500 and three years if over $500.
Is a $500 check a felony?
Any bad check in excess of $500 is considered to be a felony offense. Several checks written within a 90 day period that total over $200 may constitute a felony.
Do you have to take a check if you are in doubt?
If in doubt, you do not have to take a check.
Can a check be prosecuted?
Some Checks may be prosecutable under other Statutes, i.e. forgeries, fraud, fraudulent stop payments, fraudulent contracting schemes, etc. Please contact the appropriate law enforcement agency and file a report if you feel another statute may apply.
