How to read the numbers here
Arizona treats a bad check as a class 1 misdemeanor under Ariz. Rev. Stat. Section 13-1807, rising to a class 6 felony only if the amount meets the statutory felony threshold and stays unpaid, with interest and fees, more than 60 days after notice. Separately, Section 12-671 lets a payee sue for double damages, plus costs and attorney's fees, and treats nonpayment within 12 days of notice as evidence of intent to defraud. Section 44-6852 caps the service fee a payee can add. Arizona residents can reach the Attorney General consumer complaints office, legal aid through Community Legal Services, and the statewide information and referral service for local help.
When a bad check becomes a felony
Under Ariz. Rev. Stat. Section 13-1807, issuing a bad check is ordinarily a class 1 misdemeanor. It becomes a class 6 felony if the check meets the statutory felony threshold amount set in that section and remains unpaid, with interest and fees, more than 60 days after the person who wrote it receives notice of nonpayment. The 60 day window matters: paying the check, plus any interest and fees owed, before that period ends keeps the matter from escalating to the felony level. If you have written a check you cannot cover, the statute sets the notice and payment timing that determines whether the case can reach felony level, so responding before the 60 day mark and communicating with the payee matters under this law.
Civil damages a payee can seek
Separately from any criminal case, Arizona law under Ariz. Rev. Stat. Section 12-671 lets a payee bring a civil action for double damages against someone who writes a check with intent to defraud. The court can award twice the amount of the check or the statutory minimum set by Section 12-671, whichever is greater, plus costs and reasonable attorney's fees. Under this same law, failing to pay a dishonored check within 12 days after receiving notice of nonpayment is treated as prima facie evidence of intent to defraud in that civil action. That 12 day window is shorter than the 60 day criminal window, so it is worth responding to a notice as soon as you receive it rather than waiting.
The service fee a payee can add
Under Ariz. Rev. Stat. Section 44-6852, a payee who receives a dishonored check may charge and collect a service fee no greater than the cap set by that section, in addition to any actual bank charges the payee incurred because the check did not clear. That fee is meant to cover the payee's costs, not to punish you beyond what the statute allows. If a payee tries to add fees beyond what Section 44-6852 permits, that is worth raising with the Arizona resources listed on this page or with legal aid.
Where to get help in Arizona
If a bad check notice or a collection demand has you worried, Arizona has several places to turn. The Arizona Attorney General consumer complaints office takes complaints about collection practices that may go beyond what Arizona law allows. Legal aid, through Community Legal Services, can help you understand a notice or a civil demand for double damages. The statewide information and referral service can point you toward local assistance, and the NFCC agency finder can connect you with nonprofit credit counseling if the check problem is tied to broader money trouble. The CFPB also takes complaints if a payee's practices seem to go beyond what Section 12-671 or Section 44-6852 allow.
Key facts
- Civil damages ruleTwice the amount of the check or $50, whichever is greater, plus costs and reasonable attorney's fees, under Arizona law.[1]
- Felony threshold amountIssuing a bad check becomes a class 6 felony if the amount is $5,000 or more and remains unpaid, with interest and fees, more than 60 days after notice, under Arizona law ($5,000).[2]
- Misdemeanor penaltyIssuing a bad check is a class 1 misdemeanor under Arizona law unless the felony threshold and nonpayment period are met.[2]
- Notice periodFailure to pay a dishonored check within 12 days after receiving notice of nonpayment is prima facie evidence of intent to defraud in a civil action for double damages, under Arizona law (12 days).[1]
- Service fee maximumA payee may charge and collect a service fee of not more than $25 from the maker of a dishonored check, plus any actual bank charges, under Arizona law ($25).[3]
- Statute citationAriz. Rev. Stat. Section 13-1807[2]
Lending rules in Arizona: Arizona lending laws.
Common questions
Can I go to jail for a single bad check in Arizona
A single bad check is ordinarily charged as a class 1 misdemeanor under Ariz. Rev. Stat. Section 13-1807. It only becomes a class 6 felony if the check meets the statutory felony threshold in that section and stays unpaid, with interest and fees, more than 60 days after you receive notice.
Does the payee have to warn me before suing or filing charges
Arizona law builds notice into both the criminal and civil rules. Under Section 12-671, not paying within 12 days of notice of nonpayment is treated as evidence of intent to defraud in a civil case, and under Section 13-1807 the felony level is reached only after notice and a 60 day nonpayment period.
What can a store charge me on top of the check amount
Under Ariz. Rev. Stat. Section 44-6852, a payee can add a service fee capped by that section plus any actual bank charges the payee paid because your check bounced. That is separate from any civil damages a court might later award.
Where can I get help if I am behind on a check I wrote
Arizona resources, including legal aid through Community Legal Services and the statewide information and referral service, can help you understand your notice and options. The Arizona Attorney General consumer complaints office and the CFPB also take consumer complaints if a payee's collection practices seem to go beyond what state law allows.
Sources
- Arizona State Legislature. Arizona Revised Statutes Section 12-671, Drawing Check or Draft on No Account or Insufficient Account With Intent to Defraud.
- Arizona State Legislature. Arizona Revised Statutes Section 13-1807, Issuing a Bad Check.
- Arizona State Legislature. Arizona Revised Statutes Section 44-6852, Dishonored Checks; Service Fee.