In comparison with state laws elsewhere regulating writing bogus checks, those are comparatively loosened in Arkansas. Punishments continue to be severe, and you will find a number of important fines that may be imposed against repeat offenders, but several other states legislate bigger fines, civil penalties that are way more inflexible, and substantially higher prison sentences. Arkansas resident and visitors should always avoid writing a bogus check for which there are not any funds available, and should know about the state’s punishments.
The First Notice Is A Grace Period
Regulations in the state allow people a ten-day time period during which they are able to make a bad check accessible “or pay up” to the one who received that check’s that was not honored.
When a notice of a bad check was sent to them in Arkansas, they will be notified of the sum of the check, the period of time during which they are able to make a good faith payment on that balance, and the sum of any fees which were billed to them as a direct result the check’s invalidity. The laws of the state mandate that any fee billed to some consumer cannot exceed $25; any surcharges incurred by the receiver as an outcome of the insufficient funds of the check can supplement this fee. Frequently, this means that consumers will result in paying the total balance plus a $25 fee, plus any insufficient funds fees which might be imposed be the receiver’s bank.
Civil Processes for Pursuing Writers of Bad Checks
If the consumer will not follow the processes and fees set forth by the Arkansas’ civil courts, they are not held undue. This will be accumulated by the receiver of a collection agency, or the check, with respect to the character. Moreover, failure to pay can lead to criminal action against the person. Such processes result in much harsher punishments.
Criminal Proceedings in Case of a Bad Check
For checks written for an amount less than $200, those people who are committing their first offense can face up to 30 days in prison. Another violation, regardless of the sum of the bad check, will enable the court to impose a fine of between $100 and $1,000 and harsher punishments of up to 90 days in prison, with respect to the quantity and the character of the violation.
In the most extraordinary instances, higher or a third violation will lead to a prison term as high as one year along with a fine, in almost all cases determined by scale and the nature of the offense perpetrated by the consumer.
Criminal activities taken against a consumer go through the Arkansas court system like an average litigation. Therefore it is crucial for the plaintiff to show the defendant meant as a way to deprive the consumer of the funds to write a bad check.
Due to this exceptional scenario, and the powerful criminal penalties imposed on people in Arkansas it’s recommended that checks are just written by people when the resources for the sum are already within their bank account. This bad practice or issuing bogus checks can lead to large fees, service charges, as well as criminal action, in the state.
It needs to be mentioned that criminal action against a consumer can lead to an arrest warrant being issued by the judge. It’s legal to make great with this arrest warrant anytime, and the consumer can be held accountable for their own neglect and the balance so.
Please contact a attorney or the Arkansas state attorney general for the most accurate information on writing bad checks and how a merchant can collect on one they received.