Arkansas Dishonored Check Law


Debts and Credit – Bad Checks – Arkansas

Related Arkansas Legal Forms

Note: This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.


CRIMINAL PROVISIONS
ARKANSAS CODE
TITLE 5: CRIMINAL OFFENSES
CHAPTER 37: FORGERY AND FRAUDULENT PRACTICES
(SUBTITLE 4: OFFENSES AGAINST PROPERTY)
(SUBCHAPTER 3: WORTHLESS CHECKS)
SECTION 303

5-37-303. Notice.

(a) For purposes of this section and ยง 5-37-304, notice that payment was refused by the drawee for lack of funds shall be sent by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance, or to the current residence.

(b) The form of the notice shall be substantially as follows:

[ see, USLF form AR-401N ]

(c) Any party holding a dishonored check or instrument and giving notice in substantially similar form to that provided in subsection (b) of this section and in the manner provided in subsection (a) of this section shall be immune from civil liability and criminal liability if sent in good faith for the giving of the notice and for proceeding under the forms of the notice.

5-37-304. Evidence against maker or drawer.

(a) For purposes of this section, it is prima facie evidence that the maker or drawer intended to defraud and knew at the time of the making, drawing, uttering, or delivering that the check, draft, order, or other form of presentment involving transmission of account information would not be honored if:

(1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered; or

(2)

(A)(i) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or

(ii) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer shall not have paid the holder the amount due, together with a service charge not to exceed twenty-five dollars ($25.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check’s not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information.

(B)(i) Nothing shall impair the prosecuting attorney’s power to immediately file charges after the check has been returned.

(ii) The prosecuting attorney “may collect restitution, including a service charge, not exceeding twenty-five dollars ($25.00) per check, plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check’s not being honored, for the payees of the check.

(b) The check, draft, or order bearing an “insufficient” stamp or “no account” stamp from the collecting bank or any other report or stamp from the collecting bank indicating that the check, draft, order, or other form of presentment involving the transmission of account information was dishonored or unable to be paid due to insufficient funds on deposit to cover the value of the check, draft, order, or other form of presentment involving the transmission of account information shall be received as evidence that there were insufficient funds or no account at trial in any court in this state.

(c) Nothing herein shall be deemed to abrogate a defendant’s right of cross-examination of banking officials, provided notice of intention to cross-examine is given ten (10) days prior to the date of hearing or trial.