Consumer guide

Bad check laws in Maryland

Maryland treats a bad check as both a civil debt and a potential crime. Under Maryland Code Annotated, Criminal Law Section 8-103, writing a check with insufficient funds can lead to prosecution, with the charge level set by how much the check was written for. Civil law lets the payee recover the check amount, a capped collection fee, and an added penalty once a 30 day notice period passes without payment. This guide explains both paths and points to help in Maryland if you received a notice about a check you wrote.

How to read the numbers here

In Maryland, a dishonored check can lead to a civil claim, criminal charges, or both, depending on the amount and whether notice requirements are met. Commercial Law Section 15-802 requires a notice of dishonor be sent to the check writer, who then has 30 days to pay before added civil penalties apply. Criminal Law Sections 8-103 and 8-106 set out a separate path, with the charge rising from a misdemeanor to a felony once the check reaches a threshold the statute sets. If you wrote a check that bounced, Maryland Legal Aid, the National Foundation for Credit Counseling agency finder, and your local community help line can help you understand your options.

What Maryland's bad check law covers

Maryland Code Annotated, Criminal Law Section 8-103, makes it a crime to write, issue or deliver a check knowing there are not enough funds in the account to cover it, when the person intends to defraud. The law applies to checks written for goods, services, wages, rent and other obligations. Maryland Criminal Law Section 8-106 then sets the penalty structure, with the seriousness of the charge tied to the amount the check was written for rather than treated as a single flat offense. A smaller check can be charged as a lesser offense, while a larger check moves into a more serious category. The statute also allows for restitution, meaning a court can order the person who wrote the check to repay the amount owed as part of any sentence. None of this requires the state to prove the check writer meant to cause long term harm, only that the check was written knowing the funds were not there.

Civil consequences for an unpaid check

Separate from any criminal case, Maryland Commercial Law Section 15-802 gives the person or business that received a bad check a civil route to recover money. The payee sends a notice of dishonor to the person who wrote the check, and that person then has 30 days to pay the amount owed. If the check remains unpaid after that 30 day window, the drawer becomes liable for the original check amount, a collection fee the statute caps, and an additional amount the statute caps as a penalty, up to a maximum the statute sets. This civil path does not require a criminal conviction and can move forward on its own. Acting within the 30 day period is the clearest way to avoid the added civil penalty on top of the check amount itself.

Criminal penalties and thresholds

Maryland Criminal Law Section 8-106 sorts bad check cases for property or services into tiers based on the amount involved. A check written below a lower threshold the statute sets is a misdemeanor, punishable by up to 90 days or a fine amount the statute sets. A check at or above that lower threshold but still under a felony threshold the statute sets is also a misdemeanor, but punishable by up to 1 year or a fine amount the statute sets. Once a check reaches the felony threshold the statute sets, the charge becomes a felony under Section 8-106, with penalty tiers that can reach up to 20 years for the largest checks. The exact dollar thresholds and fine amounts appear in the Key facts section on this page rather than here.

Other ways to borrow in Maryland

If a bad check situation started because of a cash shortfall, it helps to know what borrowing options exist in Maryland before the next one comes up. Installment loans are allowed under Maryland law under Commercial Law Title 12, Subtitle 3 and Financial Institutions Title 11, Subtitle 2, and lenders offering them answer to the Maryland Office of the Commissioner of Financial Regulation. Payday loans are not allowed under Maryland law under Commercial Law Title 12, Subtitle 3. Title loans are also not allowed under Maryland law, following a 2018 amendment to the Maryland Consumer Credit Law that banned them outright. If you want to compare options, you can share your request with lenders. 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 get help in Maryland

If you wrote a check that bounced, or you received a notice about one, you do not have to sort it out alone. Maryland Legal Aid can explain your rights and help if a case moves toward criminal charges or if you are being pressed for amounts beyond what the statute allows. The National Foundation for Credit Counseling agency finder can connect you with a nonprofit credit counselor to work through the debt behind the check and build a plan so it does not happen again. The Consumer Financial Protection Bureau takes complaints if a collector contacts you about a bad check and misstates what the law allows or threatens action it cannot legally take. Your local community help line can point you toward local assistance, including help with bills, if money is tight right now.

Key facts

MeasureFigure
Felony threshold amount[1]$1,500Year 2026
Notice period[2]30 daysYear 2026
Service fee maximum[2]$35Year 2026
  • Civil damages ruleA drawer of a dishonored check that goes unpaid 30 days after notice of dishonor is liable for the check amount, a collection fee of up to 35 dollars, and an amount up to twice the check amount but not more than 1,000 dollars.[2]
  • Misdemeanor penaltyUnder Md. Criminal Law Section 8-106, a bad check for property or services under 100 dollars is a misdemeanor with up to 90 days or a 500 dollar fine; 100 to under 1,500 dollars is a misdemeanor with up to 1 year or a 500 dollar fine; 1,500 dollars or more is a felony with tiers up to 20 years for 100,000 dollars or more.[1]
  • Statute citationMd. Code Ann., Criminal Law Section 8-103[3]

Lending rules in Maryland: Maryland lending laws.

Related loan rules: Payday loans in Maryland.

Common questions

What happens if my check bounces in Maryland?

You can face a civil claim, a criminal charge, or both. The payee can pursue repayment under Commercial Law Section 15-802 after sending notice, and the state can separately charge the check under Criminal Law Sections 8-103 and 8-106 depending on the amount.

How long do I have to pay back a bad check before penalties apply?

Under Commercial Law Section 15-802, the person who received the check must send notice of dishonor, and you then have 30 days to pay before you become liable for the added civil penalty on top of the check amount.

Can a bad check become a felony in Maryland?

Yes. Criminal Law Section 8-106 raises a bad check for property or services from a misdemeanor to a felony once the amount reaches a threshold the statute sets, with penalty tiers that go up as the amount increases, reaching as high as 20 years for the largest checks.

Does Maryland law cap what a collector can add to a bad check debt?

Yes. Commercial Law Section 15-802 caps the collection fee and the additional penalty amount a payee can add once the 30 day notice period passes, rather than leaving those amounts open ended.

Are payday loans an option in Maryland if I need cash fast?

No. Payday loans are not allowed under Maryland law under Commercial Law Title 12, Subtitle 3, and title loans are not allowed either. Installment loans are allowed under Maryland law, and nonprofit credit counseling can also help.

Sources

  1. Maryland General Assembly. Maryland Criminal Law Section 8-106.
  2. Maryland General Assembly. Maryland Commercial Law Section 15-802.
  3. Maryland General Assembly. Maryland Criminal Law Section 8-103.