Bad check laws in Massachusetts

Key facts

• Civil damages ruleA drawer whose check is dishonored and who fails to pay within 30 days of a written demand is liable for the face amount of the check plus additional damages set by the court, not less than 100 dollars nor more than 500 dollars.^[1]
• Misdemeanor penaltyUnder Mass. Gen. Laws ch. 266, Section 37, knowingly issuing a check on insufficient funds with intent to defraud is attempted larceny, or larceny if money, property or services are obtained.^[2]
• Prosecution notice requirementA dishonored check is prima facie evidence of intent to defraud unless the drawer pays the holder the amount due, costs, and protest fees within 2 days of notice that the check was not paid.^[2]
• Statute citationMass. Gen. Laws ch. 266, Section 37^[2]

Sources

1. The 194th General Court of the Commonwealth of Massachusetts. General Law - Part I, Title XV, Chapter 93, Section 40A.
2. The 194th General Court of the Commonwealth of Massachusetts. General Law - Part IV, Title I, Chapter 266, Section 37.