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Bad check laws in Delaware

Delaware law treats writing a bad check as a crime under 11 Del. C. Section 900 and gives check holders a separate civil remedy under 6 Del. C. Section 1301A. Installment, payday and title loans are allowed under Delaware law and regulated by the Delaware Office of the State Bank Commissioner. This page explains the thresholds, notice rules, and where Delaware residents can find help or compare borrowing options.

Reviewed by the BadCreditMD Editorial Team on . Last updated .

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How to read the numbers here

Delaware treats a bounced check as a crime under 11 Del. C. Section 900, with a 1,500 threshold separating a class G felony from a class A misdemeanor, and a 10 day notice period before knowledge is presumed. Separately, 6 Del. C. Section 1301A lets a check holder sue after a 30 day written demand, recovering the check amount, court costs, a flat add on for a first bad check, or treble damages capped for a repeat check within a year. The Delaware Office of the State Bank Commissioner regulates installment, payday and title loans, each allowed under Delaware law. Help is available through the Delaware Attorney General fraud unit, legal aid, NFCC credit counseling, and the CFPB.

What Delaware's bad check law covers

Under 11 Del. C. Section 900, issuing a check that is not honored is a crime in Delaware. A check written for 1,500 or more is a class G felony, and a check below that amount is a class A misdemeanor. The statute does not require the writer to know the check would bounce at the moment it is written. Instead, Delaware law builds in a notice step: if the issuer does not make the check good within 10 days after receiving notice that it was dishonored, the law presumes the issuer knew the funds were not there. That notice window matters because it is often the difference between a misunderstanding and a charge. Anyone who receives notice that a check bounced should read it carefully and act before the 10 days run out.

Criminal consequences and notice requirements

The 10 day notice period under Delaware law gives the person who wrote the check a chance to pay before facing criminal exposure. If payment is made within that window, the presumption of knowledge under 11 Del. C. Section 900 does not arise the same way. Missing that window does not by itself decide the outcome of a case, but it removes a defense the issuer would otherwise have. Whether a charge is treated as a felony or a misdemeanor in Delaware depends on the amount of the check, with 1,500 marking the line between the two under current Delaware law. Anyone contacted about a dishonored check should keep records of when notice was received and when any payment was made.

Civil demand and damages under Section 1301A

Separate from any criminal charge, the person or business holding a dishonored check can pursue a civil claim under 6 Del. C. Section 1301A. Delaware law requires the holder to send a written demand for payment at least 30 days before filing suit, so the drawer always has a formal chance to pay first. If the case goes forward, the holder may recover the amount of the check plus court costs. For a first dishonored check from that drawer within a year, Delaware law adds a flat amount of 50 to that recovery. For a second or later dishonored check from the same drawer within a year, the holder may instead recover three times the check amount, with that treble recovery capped at 250. These rules come directly from 6 Del. C. Section 1301A and do not change based on why the check bounced.

Loan options allowed under Delaware law

Someone dealing with a shortfall that led to a bad check often needs a lending option rather than a criminal law answer. Installment loans, payday loans and title loans are each allowed under Delaware law, under Del. Code Title 5, Chapter 22, with payday loans and installment loans also covered by Del. Admin. Code Title 5, and title loans covered specifically by Del. Code Title 5, Chapter 22, Subchapter V. The Delaware Office of the State Bank Commissioner oversees these products. Costs vary by lender, so look at the cost example on this page rather than any advertised figure before deciding. BadCreditMD is not a lender or broker. A lending network partner shares requests with lenders. Lenders set their own rates and decide whether to lend. The request form tells you what kind of credit check happens before you send it.

Where to get help in Delaware

If a bad check has turned into a demand letter, a collection call or a possible charge, Delaware residents have several places to turn. The Delaware Attorney General's fraud and consumer protection unit handles complaints about deceptive practices. The Delaware Office of the State Bank Commissioner regulates lenders operating in the state. Nonprofit credit counseling through the National Foundation for Credit Counseling agency finder can help build a plan to avoid future shortfalls, and legal aid through Delaware's legal services organization can advise on both the criminal notice and the civil demand process. The statewide helpline connects residents to local assistance, the state's benefits portal can help with immediate needs, and the Consumer Financial Protection Bureau takes complaints about lenders and collectors.

Key facts

  • Civil damages ruleThe holder may recover the check amount plus court costs, plus $50 for a first dishonored check within a year, or three times the check amount capped at $250 for a second or later dishonored check within a year, under 6 Del. C. Section 1301A.[1]
  • Felony threshold amountIssuing a bad check is a class G felony at $1,500 or more and a class A misdemeanor below that amount, under Delaware law ($1,500).[2]
  • Notice periodThe plaintiff must make written demand for payment at least 30 days before starting a civil action, under Delaware law (30 days).[1]
  • Prosecution notice requirementAn issuer is presumed to know a check would not be honored if it is not made good within 10 days after receiving notice of dishonor, under Delaware law.[2]
  • Statute citation11 Del. C. Section 900[2]
  • Treble damagesDelaware allows treble damages, capped at $250, for a second or later dishonored check from the same drawer within one year (3 times).[1]

Lending rules in Delaware: Delaware lending laws.

Related loan rules: Payday loans in Delaware.

Common questions

What decides whether a bad check charge is a felony in Delaware?

Under Delaware law, the amount of the check decides which level of charge is used. A check of 1,500 or more is a class G felony, and a check below that amount is a class A misdemeanor, under 11 Del. C. Section 900.

How soon can a check holder sue over a dishonored check in Delaware?

The holder must send a written demand for payment and wait at least 30 days before filing a civil action, under 6 Del. C. Section 1301A. That window gives the person who wrote the check a chance to pay before a lawsuit starts.

Does writing a second bad check cost more than the first in Delaware?

Yes. For a first dishonored check from a drawer within a year, Delaware law adds a flat amount to the recovery. For a second or later dishonored check from the same drawer within a year, the holder can instead recover three times the check amount, capped under 6 Del. C. Section 1301A.

Can someone with bad credit still get a loan in Delaware?

Installment, payday and title loans are each allowed under Delaware law and regulated by the Delaware Office of the State Bank Commissioner. Approval is never certain, and lenders decide whether to lend, but the request form on this site shares a request with lenders who may respond.

Sources

  1. Delaware General Assembly, Delaware Code Online. Delaware Code, Title 6, Section 1301A, Actions Relating to Dishonor of Checks, Drafts, or Orders; Damages.
  2. Delaware General Assembly, Delaware Code Online. Delaware Code, Title 11, Section 900, Issuing a Bad Check.