As a criminal violation when the issuer knows the account has insufficient funds, issuing bad checks is categorized as such in the state of Arizona. Whether the check issuer is an individual or a corporation, the plaintiff and the check fraud prosecutor must convince the court they’re alert to the fiscal insufficiency when the check was issued.
Although state laws involving bad checks change, you will find regulations and general national laws. In Arizona, the civil and criminal penalties are stipulated in the Amended Statutes 13-1807 to 13-1812. Essentially, this law defines when the issuance becomes an offense.
Arizona Revised Statute 13-1808
Arizona Revised Statute 13-1808 says the knowledge of the issuer that a check was bad may be presumed in accordance with the following.
A) The issuer had a closed account or no existing account with the bank.
B) The bank refused the payment within 30 days and the issuer was not able to pay the total sum set on the check 12 days from time the bank was refused it.
Arizona Revised Statute 13-1809
Arizona Revised Statute 13-1809 describes authority, restitution, fees and deferred prosecution. Including the following.
A) The county attorney may prosecute people who break the Arizona Revised Statute 13-1807. If this law has been broken over once in exactly the same county by the issuer, the lawyer can file complaints including all the charges which aren’t filed against the issuer. The charges are filed in the precinct where the largest amount of infractions has supposedly happened.
B) The issuer may make restitution. This should be done in the prosecutor’s office where processing and the collection was started. The restitution contains the face sum of the check. Nevertheless, it mustn’t exceed the sum of the bad check.
C) The condemned bad check writer will additionally need to spend money on the county attorney’s fees.
Arizona Revised Statute 13-1810
The Arizona Revised Statute 13-1810 describes the power vested upon the Arizona county attorney for prosecution that is deferred. The following are guidelines which will establish if the case can be referred to the bad check deferred prosecution plan.
a) Defendant’s previous criminal record
b) Bad check’s face sum
c) The amount of bad check complaints the county attorney received
d) Evidence of intention to defraud the casualty
e) Pending bad check complaints
The Bad Check System
Check fraud is a serious issue in the U.S. including the state of Arizona. Even the most cautious companies get bad checks. With that, it’s vital that those who receive checks learn the best way to deal with these issues. The bad check systems in every state help companies and individuals recover resources.
How to proceed with Bad Checks
When someone receives a bad check, they should notify the check issuer. The entire sum must be requested by them in compensation. Another courtesy notice must be sent, if the check writer will not react to the request in 10 days. If the check writer still fails to react after 10 days, the check should be sent for investigation.
Please contact the attorney generals office in Arizona for the most updated laws and programs to deal with bad check writers.