How to read the numbers here
North Dakota Century Code Section 6-08-16 governs bad checks. A check writer gets 10 days after a notice of dishonor to pay the check plus allowed fees before facing a criminal charge or a civil damages claim. Criminal penalties range from an infraction up to a class C felony depending on the shortfall, with prior convictions within three or five years raising the grade. Installment and payday loans are allowed under North Dakota law and overseen by the Department of Financial Institutions, while title loans are not allowed. Legal Services of North Dakota and the Attorney General's consumer complaint line are free resources for residents facing a bad check issue.
What counts as a bad check under North Dakota law
North Dakota Century Code Section 6-08-16 sets out what happens when a check is written against an account without enough funds to cover it. The law gives the check writer a chance to make things right before criminal or civil consequences apply. If you wrote a check that bounced, the first step is usually a written notice of dishonor from the holder or their representative, which starts a short window to pay. Reading that notice carefully and understanding the deadline it states matters more than anything else at this stage, since missing it can open the door to both a criminal charge and a separate civil claim for damages.
The notice and payment window
Under North Dakota law, once a check writer receives a notice of dishonor, they have 10 days to pay the check in full, along with any collection fees or costs the statute allows, which are capped at an amount the statute sets. Paying within that window is the surest way to avoid both prosecution and a civil suit. If you cannot pay the full amount in 10 days, contact the holder or a consumer counseling resource right away rather than waiting for the deadline to pass, since the consequences escalate once it does.
Criminal penalties by tier
North Dakota grades a bad check offense by how large the shortfall is. The statute treats a small shortfall as an infraction, a mid-range shortfall as a class B misdemeanor, and a larger shortfall as a class A misdemeanor. Once the check reaches a felony threshold the statute sets, the offense becomes a class C felony. Prior convictions within three or five years can raise the grade of a later offense, so someone with a history of bad checks may face a harsher charge even for a check that would otherwise be a lower-level offense. Because the grading depends on exact dollar lines set in the statute, the Key facts section on this page shows the specific thresholds.
Civil damages a holder can seek
Separate from any criminal charge, North Dakota law lets the holder of a dishonored check sue for civil damages if the check writer does not pay in full, plus allowed collection fees or costs, within the 10 day notice period. The civil penalty is the lesser of an amount the statute sets or three times the amount of the check. This civil claim can proceed even if no criminal charge is filed, and it is on top of the original check amount and any collection costs. Getting the check paid quickly, or working out a payment arrangement with the holder, is the best way to avoid this additional exposure.
Other ways to borrow instead of writing a check you cannot cover
If money is tight and a check feels like the only option, it helps to know what is allowed where you live. Installment loans and payday loans are allowed under North Dakota law, regulated by the North Dakota Department of Financial Institutions, while title loans are not allowed under North Dakota law. Before writing a check against funds you are not sure you have, compare borrowing options so you are not choosing between a loan and a bounced check with legal consequences attached. The cost example on this page shows what a representative loan could cost so you can weigh it against fees and penalties under the bad check statute.
Where to get help in North Dakota
If you already received a notice of dishonor, or a creditor is threatening a bad check claim, several free resources can help. The North Dakota Attorney General handles consumer complaints, including disputes tied to bad checks and collection practices. The Consumer Financial Protection Bureau takes complaints about debt collection nationally. The North Dakota Department of Financial Institutions oversees lenders if the underlying debt involves a loan. Legal Services of North Dakota offers legal aid to income-qualified residents facing a criminal charge or civil suit. A nonprofit credit counseling agency can help you build a plan to pay down debt, and your local community help line can connect you to local assistance programs, including benefits through the state human services department.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $1,000Year 2026 |
| Notice period[1] | 10 daysYear 2026 |
| Service fee maximum[1] | $40Year 2026 |
- Civil damages ruleUnder North Dakota law, if the check writer does not pay the check in full plus collection fees or costs of up to 40 dollars within 10 days of receiving a notice of dishonor, the holder may sue for a civil penalty equal to the lesser of 200 dollars or three times the amount of each check.[1]
- Misdemeanor penaltyUnder North Dakota law, issuing a check with insufficient funds is an infraction if the shortfall is 100 dollars or less, a class B misdemeanor above 100 dollars up to 500 dollars, and a class A misdemeanor above 500 dollars up to 1,000 dollars, escalating to a class C felony above 1,000 dollars; prior convictions within three or five years can raise the grade.[1]
- Statute citationN.D. Cent. Code Section 6-08-16[1]
Lending rules in North Dakota: North Dakota lending laws.
Related loan rules: Payday loans in North Dakota.
Common questions
What happens if I pay the check within the 10 day notice period
Under North Dakota law, paying the check in full plus any allowed collection fees or costs within 10 days of the notice of dishonor is the main way to avoid both the criminal penalty tiers and the separate civil damages claim described in North Dakota Century Code Section 6-08-16.
Can I be charged with a felony for one bad check
Yes. North Dakota law escalates a bad check offense to a class C felony once the shortfall reaches a felony threshold the statute sets. The Key facts section on this page shows the exact dollar line between misdemeanor and felony tiers.
Does a prior bad check conviction affect a new charge
Yes. Under North Dakota law, a prior conviction within three or five years can raise the grade of a later bad check offense, meaning the same shortfall could be charged more seriously than it would be for a first-time offense.
Is a title loan an option if I need cash instead of writing a check
No. Title loans are not allowed under North Dakota law. Installment loans and payday loans are allowed and regulated by the North Dakota Department of Financial Institutions, so those are worth comparing if you need cash and want to avoid writing a check you cannot cover.
Where can I get free help if I am facing a bad check charge in North Dakota
Legal Services of North Dakota offers legal aid for income-qualified residents, the North Dakota Attorney General handles consumer complaints, and your local community help line can connect you to other local assistance, including state benefits programs.
Sources
- North Dakota Legislative Assembly. N.D.C.C. Chapter 6-08, General Provisions (Banks and Banking).