Key facts
- Civil damages ruleA payee may recover the amount owing plus damages of the lesser of $500 or three times the amount owing under S.C. Code Ann. Section 34-11-75(1).[1]
- Felony threshold amountA conviction under S.C. Code Ann. Section 34-11-90 is classified as a felony only when the instrument exceeds $5,000 ($5,000).[1]
- Misdemeanor penaltyA first conviction for a check of $500 or less draws a fine of $50 to $200 or up to 30 days in jail under S.C. Code Ann. Section 34-11-90(a)(1).[1]
- Notice periodA payee must give 30 days written demand by certified mail before suing for the civil damages remedy under S.C. Code Ann. Section 34-11-75(1) (30 days).[1]
- Prosecution notice requirementFailing to pay the check plus a $30 service charge within 10 days after written notice is sent by certified mail is prima facie evidence of fraudulent intent under S.C. Code Ann. Section 34-11-70(a).[1]
- Service fee maximumA service charge of not more than $30 is payable to the payee on a dishonored check under S.C. Code Ann. Section 34-11-70(a)(3) ($30).[1]
- Statute citationS.C. Code Ann. Section 34-11-60, drawing and uttering a fraudulent check, draft, or other written order[1]
Lending rules in South Carolina: South Carolina lending laws.
Sources
- South Carolina Legislature. South Carolina Code of Laws Title 34, Chapter 11, Checks, Drafts and Other Written Orders.