How to read the numbers here
Missouri handles bad checks through two statutes. Section 570.120, RSMo sets the criminal offense, splitting it into a misdemeanor and a felony tier based on the check amount and whether the account existed. Section 537.123, RSMo gives the person paid with the check a civil right to sue for the face amount plus added damages if the drawer does not pay within 30 days of notice. The Missouri Attorney General consumer division and the Missouri Division of Finance are state resources, and Legal Services of Eastern Missouri offers legal aid. The exact dollar thresholds and damage figures appear in the Key facts section on this page.
Misdemeanor versus felony charges
Missouri splits the criminal offense into two tiers. Under Section 570.120, RSMo, passing a bad check is ordinarily a class A misdemeanor. It becomes a class E felony once the face amount of the check reaches a threshold the statute sets, or when the issuer had no account or no drawee at all. The dollar line that separates the two tiers appears in the Key facts section on this page rather than in this text, but the structure is simple: smaller checks written against a real but underfunded account are treated as a misdemeanor, while larger checks or checks on accounts that never existed are treated more seriously. Anyone charged should treat the specific amount named on the charging document as the number that controls which tier applies.
Why the notice and timing matter
Both the criminal and civil paths in Missouri depend on notice being sent and a waiting period passing before anything more serious happens. On the criminal side, Section 570.120, RSMo ties the insufficient funds offense to a 10 day window after actual written notice of nonpayment. On the civil side, Section 537.123, RSMo ties the lawsuit for damages to a 30 day window after notice and written demand. If you wrote a check that bounced, paying it promptly once you learn it was not honored is the single most effective way to avoid both the criminal charge tied to nonpayment after notice and the civil claim for added damages. If you received a bad check, following the notice steps the statute describes is what preserves your right to the added civil damages.
Getting help in Missouri
If you are dealing with a bad check in Missouri, whether you wrote one or received one, you do not have to sort out the notice periods and charging decisions alone. The Missouri Attorney General consumer protection division handles consumer complaints, and the Missouri Division of Finance oversees consumer lenders in the state if the check was tied to a loan payment. Legal aid organizations, including Legal Services of Eastern Missouri, can advise on both the criminal exposure under Section 570.120, RSMo and the civil process under Section 537.123, RSMo. Nonprofit credit counseling through the National Foundation for Credit Counseling agency finder can help if the bounced check reflects a larger budget problem, and your local community help line can point you toward local resources quickly.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $750Year 2026 |
| Notice period[2] | 30 daysYear 2026 |
- Civil damages ruleA drawer who fails to pay a dishonored check within 30 days of notice and written demand is liable to the original holder for the face amount plus three times the face amount or 100 dollars, whichever is greater, with those damages capped at 500 dollars, plus reasonable attorney fees.[2]
- Misdemeanor penaltyUnder Section 570.120, RSMo, passing a bad check is a class A misdemeanor unless the face amount is 750 dollars or more, or the issuer had no account or drawee, in which case it is a class E felony.[1]
- Prosecution notice requirementFor the insufficient-funds form of the offense, the crime requires that the issuer fail to pay within 10 days after receiving actual written notice of nonpayment.[1]
- Statute citationMo. Rev. Stat. Section 570.120[1]
Lending rules in Missouri: Missouri lending laws.
Related loan rules: Payday loans in Missouri.
Common questions
Can a bad check charge in Missouri be dismissed if I pay it back
Under Section 570.120, RSMo, the insufficient funds form of the offense turns on whether the issuer pays within 10 days of actual written notice. Paying promptly after notice is directly tied to the statute, though the final decision on any charge belongs to the prosecutor handling the case.
Is the criminal case and the civil lawsuit the same thing
No. Section 570.120, RSMo defines a criminal offense that a prosecutor brings. Section 537.123, RSMo gives the person who was paid with the bad check a separate civil right to sue for damages after a 30 day notice period. A person can face one, both, or neither depending on the facts.
Does it matter whether the check was for a loan payment
The bad check statutes apply regardless of what the check was for. If the check paid a loan from a consumer lender, Missouri Division of Finance resources can address lending questions, while Section 570.120, RSMo and Section 537.123, RSMo still govern the check itself.
What should I do first if I receive a notice about a bad check
Read the notice carefully for its deadline. Section 570.120, RSMo and Section 537.123, RSMo both tie consequences to specific notice periods, so acting before the stated window closes is the most direct way to limit what happens next. Legal aid can review the notice with you.
Sources
- Missouri Revisor of Statutes. Section 570.120, RSMo - Crime of passing bad checks.
- Missouri Revisor of Statutes. Section 537.123, RSMo - Civil action for damages for passing bad checks.