 Missouri Bad Check Law
A person who issues a bad check may be subject to civil and criminal penalties under Missouri laws.
Under Section 570.123 of the Missouri Revised Statutes, any person who issues a check that cannot be honored because of lack of funds or credit to pay, or because it is drawn on a non-existent account, may be liable to the payee for the amount of the check, damages for three times the face amount of the check, or $100.00, whichever is greater, not to exceed $500.00. This law applies if the writer of the check fails to pay the payee the amount of the check in cash within thirty (30) days after a written notice of demand is given. The written demand for payment must be sent via certified or registered mail in the United States mail and addressed to the maker and to the endorser, if any, of the check, at each of their addresses as it appears on the check, or to the last known address. The additional damages may be recovered through a civil action filed with the appropriate court. If an action is filed, the payee may also recover attorney fees. Only the original payee of the bad check may bring legal action under this provision. In situations involving payroll checks, the damages allowed under section 570.123 may only be assessed against the employer who issued the payroll check and not against the employee to whom the payroll check was issued.
The holder of a bad check may elect to seek criminal prosecution against the maker under Section 570.120 of the Missouri Revised Statutes, but is not permitted to pursue remedies under both the civil and criminal statutes. Any person who passes a bad check with purpose to defraud or with knowledge that there are insufficient funds in his account or there is no such account or drawee, and fails to pay the check within ten (10) days after receiving actual notice in writing that the check has been dishonored may be prosecuted for a misdemeanor if the check amount is less than $150.00, and for a felony if it is in excess of $150.00 or if the maker had no account with the drawee or the drawee does not exist.
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