Dishonored Check Defense | Duluth Attorney

Fighting a Dishonored Check Accusation in St. Louis County with a Dedicated Defense Attorney

The moment you realize a check you wrote has bounced, and now you’re facing criminal charges for “issuing a dishonored check,” it can feel like a sudden, unexpected punch to the gut. This isn’t just about a bank error or an oversight; it’s the state alleging criminal intent, and your world can quickly feel like it’s collapsing. In places like Duluth, Two Harbors, or Proctor, where financial integrity is deeply valued, an accusation of passing a bad check can feel like a direct assault on your honesty, threatening your job, your reputation, and the very trust you’ve built within your community. The initial fears are immediate and overwhelming: the potential for a criminal record, the whispers, and the profound impact on your ability to simply live your life.

This isn’t merely a misunderstanding; it’s a frightening prospect that can unravel your stability. Imagine being unable to secure a new lease in Cloquet because of a criminal charge for a bounced check, or having your current employment jeopardized in Bemidji. The state, with its immense resources, is now scrutinizing your financial actions, and the stress of facing a criminal prosecution for something that might have been a genuine mistake or a severe financial hardship is immense. You’re not just battling a legal claim; you’re fighting for your good name, your financial future, and your peace of mind. This is precisely when you need an unwavering advocate by your side, someone who understands the profound crisis you are facing and is ready to fight with relentless determination for your defense.

The Stakes: What a Conviction Truly Costs

Your Permanent Criminal Record

A conviction for issuing a dishonored check, even if it seems like a minor financial offense, can leave a permanent mark on your criminal record. This isn’t a temporary inconvenience; it’s a permanent stain that follows you, potentially for the rest of your life. Every background check for a job, every application for a loan, every inquiry into your past will reveal this. Even a misdemeanor conviction can significantly limit your opportunities, making it difficult to find new employment, secure housing, or even pursue certain educational paths. In a community like Duluth, where personal integrity and trust are paramount, such a record can close doors that might otherwise have been open, severely limiting your future prospects and casting a long shadow over your life.

Loss of Second Amendment Rights

While a conviction for issuing a dishonored check might not seem directly related to firearms, certain felony convictions, including felony-level dishonored check offenses, can lead to the permanent loss of your Second Amendment rights. If the value of the dishonored check or aggregated checks exceeds $500, it can be prosecuted as a felony, carrying a potential sentence of up to five years imprisonment. A felony conviction, regardless of its nature, typically results in the permanent inability to own or possess firearms. For many in Northern Minnesota, from St. Louis County to Bemidji, owning firearms is a fundamental part of their lifestyle, whether for hunting, sport, or personal protection. The thought of losing this fundamental freedom, even due to a financial crime, can be as distressing as any financial penalty.

Barriers to Employment and Housing

The ripple effects of a conviction for issuing a dishonored check extend far beyond the courtroom. A tarnished criminal record, particularly one involving financial dishonesty, can create significant barriers to both employment and housing. Employers are often hesitant to hire individuals with a history of financial crimes, regardless of their qualifications, as it raises questions about trustworthiness and reliability. Landlords, too, frequently conduct background checks, and a conviction for issuing a dishonored check can make finding suitable housing a daunting, if not impossible, task. This can force individuals and families into unstable living situations, further compounding the already immense stress of their legal battle. Your ability to earn a living and secure a safe place to live are fundamental to your well-being, and both are directly threatened by these charges.

Impact on Professional Licenses and Reputation

For those who hold professional licenses—whether as a realtor, an accountant, a contractor, or any other licensed profession—a conviction for issuing a dishonored check can be catastrophic. Licensing boards often have strict regulations regarding financial misconduct, and even a misdemeanor conviction can lead to the suspension or revocation of your license, effectively ending your career. Beyond the formal licensing repercussions, the mere accusation and a subsequent conviction can severely damage your professional reputation. In smaller communities like Cloquet or Two Harbors, where professional networks are tight-knit, a damaged reputation can spread quickly, impacting your ability to attract clients, secure contracts, or advance in your chosen field for years to come. Your standing in the community and your ability to pursue your chosen career path are directly on the line.

The Accusation: Understanding the State’s Case

What Does the State Allege? Issuance of Dishonored Checks Explained in Plain English

When the state charges you with issuing a dishonored check, they are alleging that you wrote a check with the specific intent that it would not be paid by your bank at the time you issued it. This isn’t just about having insufficient funds or making an honest mistake; the core of this criminal charge is the element of intent. The prosecution must prove that you knew, or intended, that the check would bounce when you handed it over. For instance, if you knowingly wrote a check from a closed account, or an account with severely insufficient funds, hoping to delay a payment or acquire something without actual payment in Duluth, the state could pursue this charge.

The law considers a check to be a promise of immediate payment. If that promise is made with the knowledge that it will be broken, it becomes a criminal act. The state will present evidence, such as bank records showing your account balance, or proof that you failed to pay the check after proper notice, to demonstrate this intent. They will argue that your actions weren’t accidental, but deliberate, aimed at defrauding the recipient of the check. Understanding this crucial element of intent is key to building an effective defense.

The Law on the Books: Minnesota Statute 609.535

Minnesota Statute 609.535 defines the crime of issuing a dishonored check, outlining the acts that constitute the offense, potential penalties, and methods of proving intent. The purpose of this statute is to deter and punish individuals who intentionally write bad checks, protecting businesses and individuals from financial fraud.

609.535 ISSUANCE OF DISHONORED CHECKS.

Subdivision 1.Definitions. For the purpose of this section, the following terms have the meanings given them.

(a) “Check” means a check, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument.

(b) “Credit” means an arrangement or understanding with the drawee for the payment of a check.

Subd. 2.Acts constituting. Whoever issues a check which, at the time of issuance, the issuer intends shall not be paid, is guilty of issuing a dishonored check and may be sentenced as provided in subdivision 2a. In addition, restitution may be ordered by the court.

Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check under subdivision 2 may be sentenced as follows:

(1) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the dishonored check, or checks aggregated under paragraph (b), is more than $500;

(2) to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the value of the dishonored check, or checks aggregated under paragraph (b), is more than $250 but not more than $500; or

(3) to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the value of the dishonored check, or checks aggregated under paragraph (b), is not more than $250.

(b) In a prosecution under this subdivision, the value of dishonored checks issued by the defendant in violation of this subdivision within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the dishonored checks was issued for all of the offenses aggregated under this paragraph.

Subd. 3.Proof of intent. Any of the following is evidence sufficient to sustain a finding that the person at the time the person issued the check intended it should not be paid:

(1) proof that, at the time of issuance, the issuer did not have an account with the drawee;

(2) proof that, at the time of issuance, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision; or

(3) proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision.

Notice of nonpayment or dishonor that includes a citation to and a description of the penalties in this section shall be sent by the payee or holder of the check to the maker or drawer by certified mail, return receipt requested, or by regular mail, supported by an affidavit of service by mailing, to the address printed on the check. Refusal by the maker or drawer of the check to accept certified mail notice or failure to claim certified or regular mail notice is not a defense that notice was not received.

The notice may state that unless the check is paid in full within five business days after mailing of the notice of nonpayment or dishonor, the payee or holder of the check will or may refer the matter to proper authorities for prosecution under this section.

An affidavit of service by mailing shall be retained by the payee or holder of the check.

Subd. 4.Proof of lack of funds or credit. If the check has been protested, the notice of protest is admissible as proof of presentation, nonpayment, and protest, and is evidence sufficient to sustain a finding that there was a lack of funds or credit with the drawee.

Subd. 5.Exceptions. This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check or a check issued to a fund for employee benefits.

Subd. 6.Release of account information to law enforcement authorities. A drawee shall release the information specified below to any state, county, or local law enforcement or prosecuting authority which certifies in writing that it is investigating or prosecuting a complaint against the drawer under this section or section 609.52, subdivision 2, paragraph (a), clause (3), item (i), and that 15 days have elapsed since the mailing of the notice of dishonor required by subdivisions 3 and 8. This subdivision applies to the following information relating to the drawer’s account:

(1) documents relating to the opening of the account by the drawer and to the closing of the account;

(2) notices regarding nonsufficient funds, overdrafts, and the dishonor of any check drawn on the account within a period of six months of the date of request;

(3) periodic statements mailed to the drawer by the drawee for the periods immediately prior to, during, and subsequent to the issuance of any check which is the subject of the investigation or prosecution; or

(4) the last known home and business addresses and telephone numbers of the drawer.

The drawee shall release all of the information described in clauses (1) to (4) that it possesses within ten days after receipt of a request conforming to all of the provisions of this subdivision. The drawee may not impose a fee for furnishing this information to law enforcement or prosecuting authorities.

A drawee is not liable in a criminal or civil proceeding for releasing information in accordance with this subdivision.

Subd. 7.Release of account information to payee or holder. (a) A drawee shall release the information specified in paragraph (b), clauses (1) to (3) to the payee or holder of a check that has been dishonored who makes a written request for this information and states in writing that the check has been dishonored and that 30 days have elapsed since the mailing of the notice described in subdivision 8 and who accompanies this request with a copy of the dishonored check and a copy of the notice of dishonor.

The requesting payee or holder shall notify the drawee immediately to cancel this request if payment is made before the drawee has released this information.

(b) This subdivision applies to the following information relating to the drawer’s account:

(1) whether at the time the check was issued or presented for payment the drawer had sufficient funds or credit with the drawee, and whether at that time the account was open, closed, or restricted for any reason and the date it was closed or restricted;

(2) the last known home address and telephone number of the drawer. The drawee may not release the address or telephone number of the place of employment of the drawer unless the drawer is a business entity or the place of employment is the home; and

(3) a statement as to whether the aggregated value of dishonored checks attributable to the drawer within six months before or after the date of the dishonored check exceeds $250; for purposes of this clause, a check is not dishonored if payment was not made pursuant to a stop payment order.

The drawee shall release all of the information described in clauses (1) to (3) that it possesses within ten days after receipt of a request conforming to all of the provisions of this subdivision. The drawee may require the person requesting the information to pay the reasonable costs, not to exceed 15 cents per page, of reproducing and mailing the requested information.

(c) A drawee is not liable in a criminal or civil proceeding for releasing information in accordance with this subdivision.

Subd. 8.Notice. The provisions of subdivisions 6 and 7 are not applicable unless the notice to the maker or drawer required by subdivision 3 states that if the check is not paid in full within five business days after mailing of the notice, the drawee will be authorized to release information relating to the account to the payee or holder of the check and may also release this information to law enforcement or prosecuting authorities.

The Prosecution’s Burden: Elements of Issuance of Dishonored Checks

To secure a conviction for issuing a dishonored check under Minnesota Statute 609.535, the state must prove several key elements beyond a reasonable doubt. The core of their case will revolve around demonstrating your intent at the time the check was issued. If the prosecution fails to prove even one of these essential elements, the case against you falls apart. This is why a meticulous examination of the state’s evidence and a strategic challenge to their claims are absolutely critical.

Issuance of a Check: The state must first prove that you, the accused, physically issued a “check,” as defined by the statute. This includes traditional paper checks, drafts, orders of withdrawal, or similar instruments. This is usually straightforward, but establishing who exactly “issued” it can be crucial if multiple people had access.
Dishonor of the Check: The prosecution must show that the check was indeed “dishonored,” meaning it was not paid by the drawee bank (the bank on which the check was drawn). This typically involves presenting the returned check with a bank stamp indicating insufficient funds (NSF) or a closed account.
Intent Not to Pay at Time of Issuance: This is the most crucial and often the most challenging element for the prosecution. They must prove that at the time you issued the check, you intended that it would not be paid. The statute provides several forms of evidence that can be used to infer this intent, such as having no account, or insufficient funds/credit and failing to pay after proper notice. Mere negligence or an unexpected financial downturn after issuing the check is not enough.
Proper Notice of Nonpayment/Dishonor: In many cases, especially when the claim of intent is based on insufficient funds, the state must demonstrate that the payee or holder of the check sent you proper notice of nonpayment or dishonor, and that you failed to pay the check within five business days after that notice was mailed. The notice must contain specific warnings and be sent by certified or regular mail with an affidavit of service. Failure to send proper notice can undermine the state’s ability to prove intent.

The Potential Outcome: Penalties for an Issuance of Dishonored Checks Conviction

A conviction for issuing a dishonored check under Minnesota Statute 609.535 carries significant penalties that can drastically alter your life, far beyond the initial bounced check fee. The severity of the punishment depends directly on the value of the dishonored check or the aggregate value of multiple checks issued within a six-month period.

Value Not More Than $250: This is the lowest level, often charged as a misdemeanor. You could face imprisonment for up to 90 days or a fine of up to $1,000, or both. While a misdemeanor, it is still a criminal record that can have lasting consequences.
Value More Than $250 but Not More Than $500: This level is a gross misdemeanor. The potential penalties increase to imprisonment for up to 364 days or a fine of up to $3,000, or both. A gross misdemeanor conviction is a serious mark on your record and brings more severe collateral consequences.
Value More Than $500: This is the most serious level, charged as a felony. A conviction at this level can lead to imprisonment for up to five years or a fine of up to $10,000, or both. A felony conviction brings devastating long-term consequences, including loss of civil rights, significant barriers to employment and housing, and severe reputational damage in communities like Duluth or St. Louis County.

In addition to these criminal penalties, the court can also order you to pay restitution to the victim, covering the amount of the dishonored check and any associated fees. This financial obligation is separate from any fines imposed.

The Battle Plan: Building Your Strategic Defense

An Accusation is Not a Conviction: The Fight Starts Now

When you’re accused of issuing a dishonored check, it feels like your integrity is being questioned, and the sheer power of the state is bearing down on you. It’s easy to become overwhelmed, believing that a simple bounced check is an open-and-shut case. But let me be unequivocally clear: an accusation is not a conviction. The state must prove that you had a criminal intent to defraud, and that is a much higher bar than merely having insufficient funds. This is the beginning of a relentless fight, and with the right strategy and an unwavering advocate, you can dismantle the prosecution’s case and protect your future.

This isn’t a moment for passive acceptance or quiet despair. This is a call to arms. The state’s case is a theory, a narrative they are trying to construct to brand you as a criminal. My role is to tear down that narrative, to expose every weakness, and to build a compelling counter-narrative that reflects the truth of your situation. We will scrutinize every piece of their alleged “proof of intent,” every bank record, and every notice they claim to have sent. We will challenge their assumptions and force them to prove, beyond a reasonable doubt, that you acted with criminal intent. Your reputation, your livelihood, and your freedom are on the line, and with a dedicated defense, we will forge a clear path forward, challenging their claims and fighting for a just outcome.

How an Issuance of Dishonored Checks Charge Can Be Challenged in Court

Defending against a charge of issuing a dishonored check requires a sharp focus on disproving the element of intent and challenging the procedural steps taken by the prosecution. My strategy involves meticulously examining every piece of evidence and leveraging specific legal defenses.

Lack of Intent: The core of this crime is the intent to defraud at the time the check was issued. If you did not intend for the check to bounce, then a key element of the crime is missing.
- Mistake or Oversight: Argue that the dishonor was due to an honest mistake, such as an error in balancing your checkbook, an unexpected bank charge, a direct deposit delay, or simply an oversight regarding your account balance.
- Good Faith Belief in Funds: Demonstrate that you had a reasonable and good faith belief that sufficient funds or credit would be available when the check was presented, even if circumstances changed unexpectedly afterward. This could involve expecting a payment or transfer that didn’t materialize.
- Post-Dated Check: If the check was genuinely post-dated, meaning it was agreed by both parties to be cashed at a later date, it falls under a statutory exception and cannot be the basis for this charge.
- Check for Past Consideration: If the check was given for a past consideration (e.g., to cover an old debt) and was not intended as immediate payment for goods or services, it generally falls under a statutory exception. However, exceptions exist for payroll checks or checks for employee benefits.
Improper Notice of Dishonor: For the state to infer intent from your failure to pay after notice, they must prove that proper notice was sent according to the statute’s strict requirements.
- Notice Not Sent: Argue that the payee or holder never actually sent the required written notice of nonpayment or dishonor to you as specified by law.
- Deficient Notice Content: The notice must include a citation to and description of the penalties in the statute, and warn that failure to pay within five business days could lead to prosecution. If the notice was incomplete or incorrect, it can be challenged.
- Improper Mailing: The statute specifies sending notice by certified mail, return receipt requested, or by regular mail with an affidavit of service. Challenge whether the mailing procedures were strictly followed.
- Payment Within Five Business Days: If you paid the check in full within five business days after the proper mailing of the notice of nonpayment, the state cannot use your failure to pay as evidence of intent.
No Lack of Funds or Credit at Time of Presentment: The state must show that you lacked sufficient funds or credit with the drawee at the time of issuance and when presentment was made within a reasonable time.
- Funds Available on Presentment: Demonstrate that even if funds were low at issuance, they were sufficient when the check was eventually presented to the bank for payment, but perhaps there was a bank error or another issue.
- Arrangement for Credit: Show that you had an understanding or arrangement with your bank for payment, such as an overdraft protection plan or a line of credit, which should have covered the check.
- Unreasonable Delay in Presentment: If the payee or holder delayed an unreasonable amount of time before presenting the check for payment, and your financial situation changed in the interim, this could negate the element of intent at issuance.
Aggregation Issues: When multiple checks are aggregated to reach a higher penalty level, the state must prove that all aggregated checks were issued within a six-month period and by the same person.
- Checks Outside Six-Month Period: Challenge the aggregation if any of the checks fall outside the statutory six-month window for aggregation.
- Different Issuers: Argue that not all checks were issued by the defendant, or that there were distinct individuals involved in issuing some of the checks.
- Stop Payment Order: The statute explicitly states that a check is not considered dishonored for aggregation purposes if payment was not made due to a stop payment order. This can reduce the total value aggregated.

Defense in Action: Scenarios in Northern Minnesota

Scenario in Bemidji:A small business owner in Bemidji writes a check to a supplier, genuinely believing a large incoming payment would clear her account before the check was cashed. The incoming payment is unexpectedly delayed, and the check bounces. The supplier sends a notice, and police later pursue charges.My defense would focus on Lack of Intent. I would present evidence of the anticipated incoming payment, bank statements showing recent deposits and a pattern of managing cash flow, and communications with the supplier indicating the good faith nature of the transaction. This would demonstrate that the owner had a reasonable and good faith belief that funds would be available, negating the criminal intent required for conviction.
Scenario in Cloquet:A person in Cloquet writes a personal check for a small amount. The payee, frustrated, sends a generic demand letter that does not include the specific statutory language about penalties or refer to Minnesota Statute 609.535. The check remains unpaid, and charges are filed.In this situation, the defense would pivot to Improper Notice of Dishonor. I would argue that because the notice sent by the payee failed to include the exact language required by Subdivision 3 of the statute, it was legally deficient. Without proper notice, the state cannot rely on your failure to pay as evidence of criminal intent, which can be critical for dismissal of the charges.
Scenario in Two Harbors:A resident of Two Harbors writes a check to cover some emergency repairs, expecting a paycheck to clear their account the very next day. Due to an unforeseen administrative error at their employer, the paycheck is delayed by several days. The check bounces, and despite attempts to explain, charges are filed.Here, the defense would emphasize Lack of Intent and the Good Faith Belief in Funds. I would present documentation from the employer confirming the payroll delay, as well as bank records showing the expected deposit timeline. This demonstrates that at the time of issuance, the individual had a reasonable belief the check would be covered, and the subsequent dishonor was due to an unforeseeable external event, not criminal intent.
Scenario in Proctor:A student in Proctor writes two checks within a six-month period. One check is for $150 and bounces. The other check is for $300, and later, a stop payment is placed on it for legitimate reasons (e.g., services not rendered). The prosecutor attempts to aggregate both checks to charge a gross misdemeanor.My defense would challenge Aggregation Issues. I would argue that the second check, on which a stop payment was placed, should not be included in the aggregation because, by statute, “a check is not dishonored if payment was not made pursuant to a stop payment order.” By removing the $300 check, the remaining $150 check falls into the lowest penalty tier, potentially resulting in a lesser charge or even dismissal.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

Countering the Resources of the State

When you’re accused of issuing a dishonored check, you’re not just facing the scorn of the person or business you wrote the check to; you’re facing the full power and resources of the state. Prosecutors in St. Louis County, Duluth, and surrounding areas like Bemidji have law enforcement agencies, financial investigators, and legal teams at their disposal. They are relentless in their pursuit of convictions, even for financial crimes that may seem minor but carry significant reputational weight. Trying to navigate this complex legal landscape alone is a perilous undertaking. A dedicated defense attorney, however, provides the crucial counterweight. I bring my own investigative resources, a profound understanding of financial fraud statutes, and the strategic foresight to anticipate the state’s every move. I will meticulously dissect their evidence, challenge their claims of intent, and ensure that every one of your rights is ferociously protected, actively leveling the playing field against their immense power.

Strategic Command of the St. Louis County Courts

Successfully defending against a dishonored check charge, particularly in Northern Minnesota, demands more than just a theoretical understanding of the law; it requires a strategic command of the local court system and its unique intricacies. Each courthouse, whether in Duluth, Cloquet, or Two Harbors, operates with its own specific procedures, preferences, and personnel. Having an attorney with a deep, on-the-ground understanding of these local dynamics is an invaluable asset. I understand the unwritten rules, the specific preferences of the judges, and the negotiation styles of the local prosecuting authorities. This intimate knowledge allows me to craft arguments that resonate in these specific environments, navigate procedural hurdles with precision, and position your case for the most favorable outcome. This isn’t just about legal knowledge; it’s about tactical superiority in the specific arena where your fight will take place.

Fighting for Your Story, Not Just the Police Report

When you are accused of issuing a dishonored check, the state often reduces your entire situation to a series of transactions and bank statements—a cold, clinical record designed to paint you as a financial fraudster. This narrow view, however, rarely captures the full truth of your circumstances, your financial struggles, or your genuine intentions. My commitment is to fight relentlessly for your story, to ensure that the court sees beyond the superficial allegations. I will meticulously gather all relevant facts, interview witnesses, collect documentation such as bank records, personal financial statements, and any evidence of your good faith. This means highlighting unexpected financial hardships, clerical errors, or misunderstandings that led to the check’s dishonor. Your voice, your perspective, and the context of your life are powerful weapons in this fight, and I will make sure they are heard loud and clear, showing you as a human being, not just a transaction.

An Unwavering Commitment to a Winning Result

When your reputation, your livelihood, and your freedom are all on the line due to a dishonored check accusation, you need an attorney whose commitment to a winning result is absolute. My dedication is unwavering; I understand the immense stress and potential long-term consequences that accompany such a charge in places like Proctor or Bemidji. My commitment means I will pursue every available legal avenue, explore every defense, and challenge every assertion made by the state. I will leave no stone unturned in preparing your case, relentlessly advocating for your acquittal or the most favorable resolution possible. My goal is not to merely mitigate the damage; it is to secure a complete victory for you, ensuring that the state does not unjustly brand you as a criminal and allows you to move forward with your life. This relentless pursuit of justice is my personal promise to you.

Your Questions Answered

What does “issuing a dishonored check” mean legally?

It means writing a check that, at the time you wrote it, you intended would not be paid by the bank. The key element is your intent to defraud, not just that the check bounced due to accidental insufficient funds.

What are the penalties for issuing a dishonored check in Minnesota?

Penalties vary by the check’s value. For checks $250 or less, it’s a misdemeanor (up to 90 days jail, $1,000 fine). For $250-$500, it’s a gross misdemeanor (up to 364 days jail, $3,000 fine). For over $500, it’s a felony (up to 5 years prison, $10,000 fine). Restitution is also common.

Can multiple small checks lead to a felony charge?

Yes. If you issue multiple dishonored checks within any six-month period, their values can be aggregated. If the total value exceeds $500, you could be charged with a felony, even if each individual check was for a small amount.

How does the state prove intent?

The statute allows intent to be inferred if, at the time of issuance, you had no account, or insufficient funds/credit and failed to pay the check within five business days after receiving a proper notice of nonpayment. Bank records and proof of notice are key.

What if I paid the check back after it bounced?

If you pay the check in full within five business days after a proper notice of nonpayment is mailed to you, the state cannot use your failure to pay as evidence of intent, which is crucial for proving the crime.

Does this law apply to postdated checks?

Generally, no. Minnesota Statute 609.535 does not apply to postdated checks. It also does not apply to checks given for a “past consideration,” with exceptions for payroll checks or checks for employee benefits.

What is a “proper notice of dishonor”?

A proper notice of dishonor must be sent by certified or regular mail, include a citation to and description of the penalties in the statute, and state that unless the check is paid within five business days, the matter may be referred for prosecution.

What if the check was stopped?

If payment on a check was not made due to a stop payment order, the check is not considered “dishonored” for the purposes of aggregating check values under the statute. This can significantly reduce potential charges.

Can my bank release my account information to law enforcement?

Yes, under certain conditions. A bank can release information about your account to law enforcement or prosecuting authorities if they certify they are investigating a complaint under this section and 15 days have elapsed since the notice of dishonor was mailed.

What is “credit” in the context of this law?

“Credit” refers to an arrangement or understanding with your bank (the drawee) for the payment of a check, such as an overdraft protection plan or a line of credit that would cover the check.

What are the typical defenses in these cases?

Common defenses include arguing lack of criminal intent (it was a mistake), proving that proper notice of dishonor wasn’t sent, demonstrating that funds were actually available, or challenging the aggregation of checks.

Will I have to pay restitution if convicted?

Yes, in addition to any fines or imprisonment, the court can order you to pay restitution to the victim for the full amount of the dishonored check, along with any associated fees.

What if I’m charged in multiple counties?

If you issued dishonored checks in two or more counties within a six-month period, you can be prosecuted for all aggregated offenses in any county where one of the dishonored checks was issued.

Can this affect my ability to open new bank accounts?

Yes. A criminal conviction for a dishonored check can make it very difficult to open new bank accounts, especially if you appear in databases used by banks to screen potential customers for past financial misconduct.

What should I do if I receive a notice of dishonor?

Take it seriously. Immediately assess if you can pay the check. Contact an attorney, as this notice is a prerequisite for criminal charges and time is of the essence (five business days to pay).