How to read the numbers here
The District of Columbia treats a dishonored check as both a possible criminal matter and a civil debt. D.C. Code Section 22-1510 sets a felony or misdemeanor charge depending on whether the check reaches a threshold amount set by District of Columbia law, with a 5 day window to pay and defeat the presumption of fraud. D.C. Code Section 28-3152 lets merchants recover the face amount plus double damages after a 30 day notice period. The DC Department of Insurance, Securities and Banking, the Office of the Attorney General, Legal Aid DC, and the District's community help line are local places to start if you received a demand letter or a criminal notice.
How District of Columbia handles a bounced check
Under District of Columbia Code Section 22-1510, making, drawing, or uttering a check, draft, or order with intent to defraud is treated as a crime. The statute separates bad checks into two separate processes: a criminal charge brought by prosecutors for intent to defraud, and a separate civil claim a merchant can bring to recover money owed. The two processes carry different rules, different deadlines, and different remedies, so a person who wrote a check that bounced may face one, both, or neither depending on the facts and the amount involved.
Criminal penalties and the amount threshold
District of Columbia Code Section 22-1510 ties the severity of the charge to the amount of the check. A check at or above a threshold amount set by District of Columbia law supports a felony charge, while a lesser amount supports a misdemeanor charge under District of Columbia law. The statute also gives the person who wrote the check a way to defeat the presumption of fraudulent intent that prosecutors rely on: payment of the full amount plus protest fees within 5 days of notice defeats that presumption. Acting quickly after receiving notice of a dishonored check matters under this rule.
Civil damages a merchant can recover
District of Columbia Code Section 28-3152 gives merchants, specifically, a civil path to recover money on a dishonored check. A merchant may recover the face amount of the check plus additional damages of twice the check amount or a floor amount set by District of Columbia law, whichever is greater, plus costs and reasonable attorney fees, under District of Columbia law. This is a double damages rule, not a treble damages rule: the District of Columbia allows twice the check amount or that floor amount, whichever is greater, not three times the amount. This civil remedy is limited to merchants, so it does not extend to every payee of a dishonored check.
The notice period before damages are owed
Before a merchant can collect the additional civil damages under District of Columbia Code Section 28-3152, the person who wrote the check gets a window to make it right. The drawer has 30 days following the mailing of a written demand to pay the face amount of the check before additional civil damages are owed, under District of Columbia law. Paying the face amount within that 30 day window can avoid the added damages described above, so reading any demand letter carefully and noting the mailing date matters.
Where to get help in the District of Columbia
If you received a demand letter or a criminal notice tied to a dishonored check, the DC Department of Insurance, Securities and Banking regulates consumer lending questions in the District, while the Office of the Attorney General handles consumer protection complaints. Legal Aid DC can advise on your rights and options, and the District's community help line can point you toward local assistance. If money is tight and you are weighing short term borrowing instead of writing a check you are not sure will clear, District of Columbia law allows installment loans but does not allow payday loans or title loans, so compare the options and the resources listed on this page before deciding.
Key facts
- Civil damages ruleA merchant may recover the face amount of the check plus additional damages of twice the check amount or $100, whichever is greater, plus costs and reasonable attorney fees, under District of Columbia law; this civil remedy is limited to merchants.[1]
- Felony threshold amountA bad check of $1,000 or more supports a felony charge and a lesser amount supports a misdemeanor charge under District of Columbia law ($1,000).[2]
- Notice periodThe drawer has 30 days following the mailing of a written demand to pay the face amount of the check before additional civil damages are owed, under District of Columbia law (30 days).[1]
- Prosecution notice requirementPayment of the full amount plus protest fees within 5 days of notice defeats the presumption of fraudulent intent used to support prosecution, under District of Columbia law.[2]
- Statute citationD.C. Code Section 22-1510[2]
- Treble damagesThe District of Columbia allows double, not treble, damages: twice the check amount or $100, whichever is greater (2 times).[1]
Lending rules in District of Columbia: District of Columbia lending laws.
Common questions
Can I go to jail for a bad check in the District of Columbia
A bad check can support either a felony or a misdemeanor charge under District of Columbia Code Section 22-1510, depending on the amount involved, when prosecutors establish intent to defraud. Paying the full amount plus protest fees within the 5 day window described in the statute defeats the presumption of fraudulent intent that supports a charge.
Does District of Columbia law allow triple damages on a bad check
No. District of Columbia law allows double damages, not treble damages. Under D.C. Code Section 28-3152, a merchant may recover twice the check amount or a floor amount set by District of Columbia law, whichever is greater, plus costs and reasonable attorney fees.
How long do I have before civil damages are added to a bad check
Under District of Columbia law, the person who wrote the check has 30 days following the mailing of a written demand to pay the face amount before the merchant can add the civil damages described in D.C. Code Section 28-3152.
Who can use the civil recovery rule for a dishonored check
The civil remedy under D.C. Code Section 28-3152 is limited to merchants. It does not cover every person who received a dishonored check, so other payees would need to pursue a different path to recover the money.
Sources
- Council of the District of Columbia, D.C. Law Library. District of Columbia Code Section 28-3152, Merchant's Civil Recovery for Dishonored Checks.
- Council of the District of Columbia, D.C. Law Library. District of Columbia Code Section 22-1510, Making, Drawing, or Uttering Check, Draft, or Order With Intent to Defraud.