Pittsfield Charter Twp, Michigan

Are there situations where a "Bad Check" may not be criminally prosecutable?

Yes. The following are situations where bad checks have been passed and do not constitute a crime. The remedy when accepting checks such as these is through the civil courts.

1. A stop payment check; unless fraud has been involved and can be conclusively proven.

2. A check issued to repay a loan.

3. A post-dated check or one bearing a current date in which the maker requests the payee to hold until a later date.

4. Out of state checks (though some exceptions are made).

5. Illegal debt (such as contraband or a gambling debt).

The mere fact that an individual passes a bad check does not necessarily constitute a crime. It must be shown beyond a reasonable doubt that there was intent to defraud at the time the check was passed.