What makes a check a crime here
Under Massachusetts General Laws Chapter 266, Section 37, writing a check on an account you know does not have enough funds, with intent to defraud, is attempted larceny. If the check actually gets you money, property or services, the offense becomes larceny. The same statute says a dishonored check counts as evidence of intent to defraud, unless the drawer pays the holder the amount due, plus costs and protest fees, within 2 days of being notified that the check did not clear. That short window matters: paying promptly after notice can keep the matter out of criminal territory.
The civil demand and damages process
Separately from any criminal exposure, Massachusetts General Laws Chapter 93, Section 40A gives the person holding your dishonored check a civil path. If you do not pay the face amount within 30 days of a written demand, you become liable for that amount plus additional damages. The statute sets a minimum and a maximum for those extra damages, and the court decides the exact figure within that range, so the amount is not fixed in advance. The 30-day demand period is separate from the 2-day window tied to the criminal presumption of intent to defraud, and the two can run at different times depending on when each notice goes out.
Borrowing options if you need cash now
If a bounced check means you need to cover a shortfall, installment loans are allowed under Massachusetts law under M.G.L. c. 140, sections 96-114A, with the Massachusetts Division of Banks overseeing lenders that offer them. Payday loans are not allowed under Massachusetts law under the same statute, and title loans are not allowed under Massachusetts law either, based on the Division's oversight. Before taking on any installment loan, look at the cost example on this page for how the APR, repayment period and total cost work together, and compare it against cheaper options such as a credit union loan or a payment plan with the check holder. 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.
Where to find help in Massachusetts
If you are dealing with a bounced check or a demand letter, several resources can help before the matter grows more serious. The Massachusetts Division of Banks takes consumer financial complaints about lenders operating in the state. Nonprofit credit counseling agencies, found through the national agency finder, can help you build a repayment plan. Legal aid in Massachusetts can advise you if you receive a criminal notice or a civil demand letter. If you need food, cash or other benefits assistance while you sort this out, the state's benefits portal is a starting point, and the statewide call and referral line can connect you to local services by phone. The CFPB also takes complaints about lenders and collectors.
Key facts
| Measure | Figure |
|---|---|
| Notice period[1] | 30 daysYear 2026 |
- 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]
Lending rules in Massachusetts: Massachusetts lending laws.
Related loan rules: Payday loans in Massachusetts.
Common questions
What does the Massachusetts Division of Banks do for borrowers
The Massachusetts Division of Banks oversees lenders that offer installment loans in the state and takes consumer financial complaints. It is the regulator named for installment, payday and title lending under Massachusetts law, so it is a useful place to report a problem with a lender, separate from any dispute over a bounced check.
What should I do first if a check I wrote bounces
Contact the check holder as soon as you know the check did not clear, and try to pay the amount due quickly. Paying within the short window tied to the fraud presumption, and again before any 30-day demand deadline, can limit both criminal exposure and the extra damages a court might otherwise set.
Will the request form check my credit before I submit it
The request form on this site tells you what kind of credit check happens before you send anything. Lenders who receive a request decide how they check credit and whether to make an offer, so review the form's disclosures before you submit it.
Who decides whether my request is approved
Lenders decide whether to approve a request, and approval is never certain. Your request is shared with lenders through a lending network partner, and it is up to each lender whether to respond with an offer.
Sources
- The 194th General Court of the Commonwealth of Massachusetts. General Law - Part I, Title XV, Chapter 93, Section 40A.
- The 194th General Court of the Commonwealth of Massachusetts. General Law - Part IV, Title I, Chapter 266, Section 37.
Representative example
- Amount borrowed
- $1,000
- Annual percentage rate (APR)
- 29.99%
- Repayment
- 12 monthly payments
- Payment
- $97.48
- Finance charge
- $169.76
- Total of payments
- $1,169.76
Example: a $1,000 installment loan at 29.99% APR repaid in 12 monthly payments of $97.48 costs $1,169.76 in total, including a finance charge of $169.76. Illustration only; your lender will disclose your actual APR, payment schedule and total cost before you accept a loan.