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Q: IS IT A CRIME TO BOUNCE A CHECK?
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In many cases a check returned from the bank because of insufficient funds, a closed
account or a non-existent account may be prosecutable and punishable by law under
Oklahoma Statutes Title 21, Sections 1541.1 – 1541.4.
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Q: IS THE BUSINESS OR INDIVIDUAL TO WHOM THE CHECK WAS WRITTEN REQUIRED TO NOTIFY
YOU IF THE CHECK GETS RETURNED BEFORE PROCEEDING WITH CRIMINAL ACTION?
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NO. Only your financial institution is required by law to attempt to notify you
of a returned check.
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Q: MUST MY RETURNED CHECK BE PRESENTED TO MY BANK TWICE BEFORE CRIMINAL ACTION CAN
BE TAKEN?
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NO. Legal action can be taken as soon as five (5) days have passed from the date
on the returned check.
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Q: WHAT CAN HAPPEN TO ME IF I WRITE A CHECK THAT DOES NOT CLEAR THE BANK?
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Depending upon the circumstances in which your check was written, there are many
possibilities as to how an individual or business could handle a returned check.
Some of the possibilities might include the following: the victim may choose to
contact you and give you the opportunity to pay the check, the victim may choose
a civil remedy and file the check in small claims court, a private attorney or a
collection agency which may result in judgment against you or the victim may choose
to proceed criminally and refer it to the District Attorney’s Office for collection
and/or prosecution in which substantial fees are assessed and prosecution may be
pursued. In almost every case, fees will be assessed costing you much more than
the face value of the check.
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Q: I DID NOT REALIZE THERE WERE NOT SUFFICIENT FUNDS IN MY ACCOUNT. CAN I STILL
BE PENALIZED IF MY CHECK IS RETURNED?
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YES. You are responsible for your account and insuring that adequate funds are available
for every check you write. The law assumes there is “knowledge and intent to defraud”
if a check is returned from the bank because of insufficient funds, a closed account
or a non-existent account is not paid within five (5) days.
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Q: CAN A BUSINESS REFUSE TO TAKE MY CHECK?
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YES. Checks are not legal tender; therefore, the acceptance of a check is left to
the discretion of each business.
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Q: WHEN PASSING A CHECK, DO I HAVE TO PROVIDE THE INFORMATION REQUIRED BY SOME BUSINESSES?
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NO. You do not have to provide any information if you do not wish to give it. However,
a business can also refuse your check based on its acceptance policies.
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Q: I HAVE A PRACTICE OF “FLOATING” CHECKS A FEW DAYS BEFORE PAYDAY. HOW MANY DAYS
DOES IT TAKE A CHECK TO CLEAR THE BANK?
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“Floating” checks is not legal. Checks should only be written if adequate
funds are immediately available in your account to cover each check written. With
networking of many computer systems, some checks may actually clear the bank the
same day they are written.
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