Like most states, Hawaii has an unique set of punishments and laws regarding bouncing of checks or bad check writing.
Hawaii legislative acts Section 708-857 expressly refers to using a known, useless “negotiable instrument” by choice to make a payment, completely understanding the bank it draws upon will not pay the check. A personal check is often the most typical kind found now, although the term negotiable instrument can address several payment forms — for example a promissory note.
Civil and criminal penalties can be applied to a bad check writer in Hawaii, even without intention to defraud, triggered by the writing of a bad check. As well as a connected fee and an offense charge, Hawaiian state law permits civil penalties to be applied by the state courts to some party that is guilty in addition to criminal punishments. These civil penalties comprise the loss that is fundamental to the sufferer, which is often fees, legal expenses and the real payment loss along with possible criminal jail time.
You can find defenses to the charge that is preceding. As an example, a postdated check could be a little difficult to make a case against a check writer because it does not satisfy the definition of the statute. Furthermore, if the payer has total intention to honor a check and, unknown to him/her, funds were taken by some other party from the bank account, that is not a crime either. Bounced checks can occur a lot when resources are seized by the IRS from a bank account and checks continue to be outstanding. There is no intention to defraud, but the checks will not certainly be paid by the bank when they arrive. The payer, obviously, must establish that the trouble was caused by this kind of scenario. This cuts down on misguided criminal cases that eat up resources and lots of court time.
Avoiding the writing of a bounced check by all means available is the perfect way to prevent a criminal charge that is connected. If someone truly believes that it is essential to take this type of risk by writing out a check to someone, even for just a couple of days until cash is in the bank account that is associated, he should undoubtedly find a alternative until funds can be found. Check processing today occurs much faster than it used to five years past. That means if there is a person that expects a three-day window before the check hits on a bank account, it does not exist.
If there is a person having trouble writing checks and paying bills, there are two things he is able to do to repair the issue. First, locating another supply of income can raise cash flow which solves this kind of issue. Second, getting some money management training can be tremendously helpful in solving private cash-management issues. There are several non-profit organizations available that supply such help at no cost or very low price for attendees.
If you are a writer of a bad check in Hawaii and you are reading this, you should rectify the bad check as soon as possible before any criminal or civil action is taken against you. If you are a holder of a bad check, you should contact your state attorney general’s office in Hawaii or a private attorney to find out the best route to collect the money that is owed to you.