How to read the numbers here
Louisiana addresses bad checks through separate civil and criminal processes. A payee who sends a written demand by mail as the statute requires can seek added damages and fees if the check is not paid within the notice period the law sets. Separately, prosecutors can pursue misdemeanor or felony charges under La. R.S. 14:71, with penalties rising based on the amount of the check. If you wrote a check that bounced, the Louisiana Office of Financial Institutions and Southeast Louisiana Legal Services can help you understand your options, and the state attorney general's office handles consumer disputes about checks.
What Louisiana law says about a worthless check
Under La. Rev. Stat. Ann. Section 14:71, it is a crime to issue a check knowing there are not enough funds in the account to cover it, when the person acts with intent to defraud. The statute treats failing to pay a check within a set number of days after notice of nonpayment is sent by mail, or delivered in person, as presumptive evidence of that intent. That means the law gives you a window to make the check good before a nonpayment turns into a criminal matter. The amount of the check matters too, because Louisiana splits penalties into tiers based on the size of the check, which the next sections explain.
The written demand and civil damages
Separately from any criminal case, La. R.S. 9:2782 lets the person or business you paid with the bad check pursue a civil claim. They must first send a written demand by mail as the statute requires. If you do not pay what you owe within the notice period the law sets, which is fifteen working days after you receive that demand, you can become liable for more than the face value of the check. The statute allows the payee to recover double the amount you owe, or a minimum amount set by law, whichever is greater, plus attorney fees and court costs. Louisiana law also lets the holder of the check charge a service fee, calculated as a flat amount or a share of the check's face value, whichever is greater. Paying promptly after a demand is the clearest way to avoid these added costs.
Criminal penalties tied to the size of the check
La. R.S. 14:71 sets penalties that depend on how much the check was written for. Checks under the statute's threshold are misdemeanors, carrying a fine and up to six months in jail. Checks above that threshold move into a felony tier, where a conviction can bring imprisonment with or without hard labor, and the top penalties, including the longest prison terms and the largest fines, apply to the highest-value checks the statute describes. These are the maximum penalties a court could impose; prosecutors and courts decide how a specific case is charged and resolved. None of this is legal advice, and if you are facing a criminal charge over a check, you should seek legal help rather than rely on this page alone.
Where to get help in Louisiana
If you wrote a check that bounced and cannot pay it, do not ignore a written demand. Southeast Louisiana Legal Services offers legal aid for people who qualify, and can explain your rights and options in a civil or criminal bad check matter. The Louisiana Office of Financial Institutions regulates lenders in the state and is a resource if a loan or lending practice is involved in your situation. The Louisiana Department of Children and Family Services can connect you with benefits if money is tight, and the National Foundation for Credit Counseling's agency finder can connect you with nonprofit credit counseling to work through debts, including an unpaid check. The state attorney general's office takes consumer disputes, and the Consumer Financial Protection Bureau takes complaints about financial products. A statewide referral service can also point you toward local help if you are not sure where to start.
Key facts
- Civil damages ruleA drawer who fails to pay a dishonored check within the notice period is liable to the payee for twice the amount owing, or 100 dollars, whichever is greater, plus attorney fees and court costs.[1]
- Felony threshold amountChecks of more than 1,000 dollars move into the tier punishable by imprisonment with or without hard labor for up to 5 years; checks under 1,000 dollars carry up to 6 months ($1,000).[2]
- Misdemeanor penaltyUnder La. R.S. 14:71, a check under 1,000 dollars draws a fine up to 500 dollars or up to 6 months imprisonment; amounts over 1,000 dollars can draw imprisonment with or without hard labor, rising to up to 20 years and fines up to 50,000 dollars at 25,000 dollars or more.[2]
- Notice period15 working days after receipt of a written demand sent by certified or registered mail (15 days).[1]
- Prosecution notice requirementFailing to pay a check within 10 days after notice of nonpayment is sent by certified mail, or personally delivered, is presumptive evidence of intent to defraud.[2]
- Service fee maximum25 dollars, or 5 percent of the face amount of the check, whichever is greater.[1]
- Statute citationLa. Rev. Stat. Ann. Section 14:71[2]
Lending rules in Louisiana: Louisiana lending laws.
Related loan rules: Payday loans in Louisiana.
Common questions
Can I go to jail for writing a bad check in Louisiana?
It is possible. Under La. R.S. 14:71, issuing a check without enough funds and with intent to defraud is a crime, with penalties that depend on the amount of the check. Smaller checks are misdemeanors with shorter jail terms, while larger checks can bring longer prison terms. Whether a case is actually charged and prosecuted depends on the facts and the district attorney's decision.
What happens if I ignore a written demand for a bad check?
La. R.S. 9:2782 gives you a notice period after a written demand to pay what you owe. If you do not pay within that window, the person you owe can sue you for more than the face value of the check, plus attorney fees and court costs, and the unpaid check can also factor into whether a criminal case moves forward under La. R.S. 14:71.
Does the person I paid automatically get extra money from me?
Not automatically. La. R.S. 9:2782 lets the payee seek double the amount you owe, or a minimum amount set by law, whichever is greater, but they generally must first send a written demand and give you the notice period the statute sets before that liability applies.
Where can I get help with a bad check problem in Louisiana?
Southeast Louisiana Legal Services provides legal aid, the Louisiana Office of Financial Institutions oversees lenders in the state, and the National Foundation for Credit Counseling can connect you with nonprofit credit counseling. The state attorney general's office and the Consumer Financial Protection Bureau both accept consumer complaints.
Sources
- Louisiana State Legislature. RS 9:2782 - Nonsufficient fund checks; damages, attorney fees.
- Louisiana State Legislature. RS 14:71 - Issuing worthless checks.