Most definitely a statute that is state specific (like all other statutes). But like most, you have your mind as forgery = someone else’s signature on a doc or instrument that doesn’t belong to them. Forgery involves the making, altering, use, or possession of a false writing in order to commit a fraud. It can occur in many forms, from signing another person’s name on a check to falsifying one’s own check (knowing there are no funds to cover and/or the account is closed). Forgery (also known as “uttering a false instrument”) applies regardless of who the owner of the doc/signature is. So basically, if you sign YOUR name on a check that belongs to YOU “knowing” there are no funds to cover and or you "know the account is closed is uttering a false instrument. Forgery is the “ACT” and “FRAUD” is the crime. In some states (like NY, NJ, KY, and I’m sure others) you can be charged for both. The “sweat” from a law enforcement officer is dictated by the victim and/or the bank when they press charges.
Don’t get exhausted. Clear your confusion by researching and learning from others. It’s what we’re here for!
I know of someone who actually spent time in jail for writing a bad check as a deposit for a real estate transaction. He had to also pay restitution to the victims.
Yeah, and it was cold and lonely in that cell. The food was horrible, too. 
Mom always liked you best.
Yep we were in Banking. And we know pretty well that writing bad checks is a crime!
“Your local government may help”
“Another option, if you’re lucky enough to have one in your area, is a state or district attorney’s check-recovery unit. These offices vary in the depth of services they perform, but some are very aggressive and take a huge amount of the workload off the victim’s shoulders.
In Mobile, Ala., the Mobile County check-enforcement unit operates out of the district attorney’s office. Bad-check writers are given a chance to settle up, but perpetrators who don’t cooperate could be arrested, according to spokeswoman Debra Powell.
“A lot of people don’t make the distinction that this is a crime. We tell them there’s a warrant for their arrest and give them five days to come in. We try to work with them as long as we don’t consider them a predator. But if they’re evasive, we’ll go after them. We’ll find them at work or dropping their kids off at school.”
Powell says the victim is expected to send a certified letter to the check writer. If the check writer fails to respond, the victim can come to the check recovery unit and start the process.
“We enter the check into our computer and create a warrant and an affidavit. Then we take the victim and the paperwork to a magistrate where the victim swears the claim is true and correct. Everything is placed in a court file and we then send a letter to the check writer. We give them five days to respond.
“If they come in, they have to pay the face amount of the check plus a $30 fee to the victim. They also have to pay us a $94 warrant fee. If they don’t come in, we go after them. If they’re supposed to show up for any other court — traffic court, divorce court — we’re there waiting to arrest them.”
Powell says her unit collected over $2 million in the past year.”
@VIPnotaryCO …WOW… I haven’t written a check-in over 10 years… not going to start now for sure… lol
People in Alabama better not write back checks intentionally! 
In Texas its considered theft for any check that’s not honored for NSF, Texas Penal Code Title 31 and 32. The Constable’s office handles bad collections, investigates bad checks, and bring criminal charges to the DA’s office. If the business is in Texas, the Notary can file a small claims suite. Most of the time the defended fails to appear opening the door for the Notary to secure a Wirt of Execution to confiscate the drawer’s property to satisfy the check, including court costs, and Constable fees.
The look on the business owner’s face when the Deputy Constable shows up with a few trustys from the county lock to load their property into a moving van.
I was also a financial crimes investigator.
So you may know the key to prosecuting anyone on any crime in proving “intent.” NSF on a check can be “unintentional” hence defensible in court (timing of debits/credits, your employer jacked up your direct deposit, and such). Usually restitution immediately clears it all up. Now writing a check on an account you know you closed is the disaster (uttering a false instrument) which is were the po-po has a “hay day” on you.
It depends on how each State defines intent regarding Financial Crimes. In Texas the issuer of a sight instrument fails to remedy within 10 days of notification, the NSF becomes Prima Facia of intent. If the sight instrument was issued on a closed account, intent is presumed.
I have called Jennifer Garland so many times she NEVER answers, or responds to my emails, My check and a letter from my bank of $75 plus $15 return fee, was returned on 2/25/22, I just called US Bank they said I have to call the owner. No Luck.
Update: Jennifer Garland called me, she sent me my monies thru
Cash App. Now I can continue doing signings with them.
This is true. States can vary on how they “define” intent, but it still needs to be “proven,” as it is one of the elements on convicting someone in a crime. I’m not aware of any state “assuming/presuming” intent. What if a husband wrote a check today, and the wife closed the account tomorrow without knowing the husband had the check out there, or the husband not knowing the wife closed the account? I don’t see “intent” in this scenario. This is why facing our accusers and presenting our case is constitutional.
In Texas, the individual has ten days, after notification of a returned check, to make good on it. If they fail to respond by day ten, intent has been established. In the situation you’ve described, the burden rests with the issuer to prove their spouse closed the account without their knowledge. This is known as the innocent spouse defense, commonly used in divorce cases. In Texas, the burden of responsibility for a sight instrument rests with the issuer.
The burden of proof is always on the accused. Giving the accused the opportunity to be heard was my point. Hence why assumed or presumed can’t be done “constitutionally”. TX’s 10 day rule is good if the accused doesn’t fight (contest) it. Either they make good on it, or contest it and get a court date to present their defense. On the latter, the rest is on the judge and their schedule (in most judicial systems).
If an individual fails to remediate a bad check within the 10 window, it’s considered Prima Facie. Prima Facie is common in many jurisdictions for minor crimes such as speeding, fishing/hunting without a license, Vehicle registration, and hot checks. If you spotted by a game warden walking away from a pond with rod and reel in hand and you don’t have a license; that’s Prima Facie in Texas. You’ll have to show to a judge that you weren’t fishing with out a license.
The holds for bad checks. The signer of a sight instrument is responsible to insure funds are available to cover the check at the time it was deposited. Texas takes a dim view on bad checks. I’ve put 100(+/-) people in the county lockup when I was a financial crimes investigator.
Exactly! If I show the judge I was licensed at the time the the game warden busted me, then I should walk on that charge. If possession of the license was required under a separate law (AND I was charged with that), then I’m stuck like chuck there, but the unlicensed charge drops. If I officially plead not guilty (usually can be done right on the ticket and mailed in) and I don’t get a court date for a month, not my problem (date/time stamps saves). You ALWAYS have a right to plea guilty or not guilty on EVERY charge/case against you. Obviously timeframes on procedures vary among jurisdictions, but nonetheless they have to give you the opportunity. One should not have to “make good” on anything they are not PROVEN guilty of. Restitution is a sentence, not an “assumption” of guilt.
I’m gonna have to finish my law school night classes to keep up witch youse guyses.
It’s just a dang returned check, not conspiracy to overthrow the government. Gee whiz.