Key facts
- Felony penaltyA bad check of $100 or more carries a fine of $100 to $1,000, up to 3 years in the State Penitentiary, or both; a third or later offense carries 1 to 5 years in the State Penitentiary, under Miss. Code Ann. Section 97-19-67. When the conviction rests on a check given to pay a preexisting debt or a past-due account, no imprisonment may be ordered, though the court may impose a fine.[1]
- Felony threshold amountA bad check of $100 or more is a felony on a first or second offense, and a third or later offense is a felony regardless of the amount, under Miss. Code Ann. Section 97-19-67 ($100).[1]
- Misdemeanor penaltyA first offense involving a check under $100 is a misdemeanor punishable by a fine of $25 to $500, 5 days to 6 months in the county jail, or both; a second offense under $100 carries a fine of $50 to $1,000, 30 days to 1 year in the county jail, or both, under Miss. Code Ann. Section 97-19-67.[1]
- Notice periodNot paying the amount due plus a $40 service charge within 15 days after receiving notice that the check was not paid creates a presumption of intent to defraud and of knowledge of insufficient funds, under Miss. Code Ann. Section 97-19-57 (15 days).[1]
- Prosecution notice requirementThe notice of dishonor is sent by regular mail, and the form used before referral for criminal prosecution is supported by an affidavit of service by mailing. A notice returned undelivered from the address printed on the check, or the address the accused gave when issuing it, is prima facie evidence of intent to defraud, under Miss. Code Ann. Section 97-19-57.[1]
- Statute citationMiss. Code Ann. Section 97-19-55, bad checks[1]
Lending rules in Mississippi: Mississippi lending laws.