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Bad check laws in South Dakota

Last updated .

Key facts

  • Civil damages ruleA holder may recover three times the face amount of a dishonored check, with damages no less than $100 and no more than $200, plus court costs and interest, under S.D. Codified Laws Section 21-57-1.[1]
  • Felony threshold amountAn insufficient funds check is punished as theft by its face amount under S.D. Codified Laws Section 22-30A-24, and theft over $1,000 up to $2,500 is grand theft, a Class 6 felony, under Section 22-30A-17 ($1,000).[2]
  • Notice periodTreble-damages liability attaches if the check is not paid within 30 days after mailing of a notice of dishonor under S.D. Codified Laws Section 21-57-1 (30 days).[1]
  • Statute citationS.D. Codified Laws Section 22-30A-24, theft by insufficient funds check[3]
  • Treble damagesDamages under S.D. Codified Laws Section 21-57-1 equal three times the face amount, but no less than $100 and no more than $200 (3 times).[1]

Lending rules in South Dakota: South Dakota lending laws.

Sources

  1. South Dakota Legislature. S.D. Codified Laws Section 21-57-1, Liability for dishonored checks, drafts, or orders.
  2. South Dakota Legislature. S.D. Codified Laws Section 22-30A-17, Grand theft, penalty.
  3. South Dakota Legislature. S.D. Codified Laws Section 22-30A-24, Theft by insufficient funds check, degrees according to amount, aggregation of checks.