How to read the numbers here
New Hampshire regulates small loan, payday and title lending through the New Hampshire Banking Department. Installment loans are allowed under New Hampshire law under N.H. RSA 399-A:16, payday loans under N.H. RSA 399-A:17, and title loans under N.H. RSA 399-A:18 and RSA 399-A:19. Bad checks are handled separately under Revised Statutes Annotated section 638:4, which sets the notice period, payment window and grading described in this guide. Residents dealing with a loan question or a bad check notice can find help through New Hampshire Legal Assistance, the Consumer Financial Protection Bureau, nonprofit credit counseling and their local community help line.
What New Hampshire law says about bad checks
Under New Hampshire Revised Statutes Annotated section 638:4, it is a crime to issue a check knowing that the account does not have enough funds or credit to cover it when the check is presented for payment. The statute does not require that the person intended to permanently cheat anyone, only that the check was written with knowledge the funds were not there. New Hampshire General Court publishes the full text of section 638:4, which is the controlling authority for how the state defines and charges this offense.
How the charge is graded
New Hampshire grades a bad check charge by the face amount of the check. Issuing a check at or below a threshold the statute sets is generally charged as a class B misdemeanor. If the person was convicted of the same offense within the previous 12 months, the charge becomes a class A misdemeanor instead. Once the face amount of the check rises above the threshold the statute sets, the offense is graded as a felony. The exact dollar threshold and the penalties tied to each grade appear in the Key facts section on this page, sourced from section 638:4.
The notice and payment window
New Hampshire law builds in a chance to resolve a bounced check before it leads to a criminal charge. Under section 638:4, paying the full amount of the check, along with costs and any protest fees, within 14 days after receiving notice that payment was refused is an affirmative defense to the charge. That means if you pay within the 14 day window after proper notice, you have a statutory defense against prosecution. On the other side, if you do not pay within that 14 day period after receiving notice, the statute treats that failure as prima facie evidence that a violation occurred, which makes it easier for a prosecutor to proceed. Reading any notice carefully and acting within the 14 days matters a great deal under this law.
What this means if you wrote or received a bad check
If you wrote a check that bounced in New Hampshire, the single most important step is responding to any notice you receive and paying the amount owed, plus costs and protest fees, within the 14 day window the statute gives you. Waiting past that period removes the affirmative defense and creates evidence against you. If you received a bad check from someone else, New Hampshire law requires that proper notice be given before the 14 day clock described in section 638:4 starts to run, so the process depends on following that notice procedure correctly. Neither side of this situation is a substitute for legal advice about a specific check or notice, and the consequences described here come only from the statute as written, not from any outside source.
Where to get help in New Hampshire
If a bad check charge or notice is part of a larger money problem, New Hampshire residents have places to turn. Free or low-cost legal help is available through New Hampshire Legal Assistance, which can advise on rights and options when a bad check notice or charge is involved. The Consumer Financial Protection Bureau takes complaints about financial products and can be a resource if a bank or collector is involved. Nonprofit credit counseling, found through the National Foundation for Credit Counseling agency finder, can help with budgeting and debt if writing a bad check was tied to a cash flow problem. Your local community help line can also direct you to local resources if you need help beyond what is listed here.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $1,000Year 2026 |
| Notice period[1] | 14 daysYear 2026 |
- Misdemeanor penaltyUnder New Hampshire law, issuing a bad check with a face amount of 1,000 dollars or less is generally a class B misdemeanor, and a class A misdemeanor if the person was convicted under this section within the previous 12 months; face amounts above 1,000 dollars are graded as felonies.[1]
- Prosecution notice requirementPaying the check amount plus costs and protest fees within 14 days after receiving notice that payment was refused is an affirmative defense to a New Hampshire bad check charge; failure to pay within that window is prima facie evidence of a violation.[1]
- Statute citationN.H. Rev. Stat. Ann. Section 638:4[1]
Lending rules in New Hampshire: New Hampshire lending laws.
Related loan rules: Payday loans in New Hampshire.
Common questions
Is writing a bad check always a felony in New Hampshire?
No. Under New Hampshire Revised Statutes Annotated section 638:4, a bad check at or below a threshold the statute sets is generally a misdemeanor, with the charge grade rising to a class A misdemeanor on a repeat offense within 12 months. Only checks above that threshold are graded as a felony.
How long do I have to pay a bad check in New Hampshire before I can be charged?
Section 638:4 gives 14 days after you receive notice that a check was refused for payment. Paying the check amount, plus costs and protest fees, within that 14 day window is an affirmative defense to the charge.
What happens if I do not pay within the 14 day window?
Under section 638:4, failing to pay the check amount, costs and protest fees within 14 days of proper notice is treated as prima facie evidence that a violation occurred, which supports a prosecutor moving forward with the charge.
Does New Hampshire law require intent to defraud for a bad check charge?
Section 638:4 requires that the person knew the account lacked sufficient funds or credit when the check was issued. The statute as described in this guide does not require a separate showing of intent to permanently cheat someone.
Where can I get help if I am dealing with a bad check problem in New Hampshire?
New Hampshire Legal Assistance offers help with legal questions, the Consumer Financial Protection Bureau takes complaints, the National Foundation for Credit Counseling agency finder connects you with nonprofit counseling, and your local community help line can point you to other local resources.
Sources
- New Hampshire General Court. Section 638:4 Issuing Bad Checks.