Bad Checks Procedure

Suggested Procedure for Bad Checks

New Hampshire RSA 638:4 pertains to the issuance of bad checks, below is except from NH RSA 638:4 from the New Hampshire Courts website:

638:4 Issuing Bad Checks. –

I. A person is guilty of issuing a bad check if he issues or passes a check for the payment of money and payment is refused by the drawee, except in cases where a legal stop payment order has been issued or where the drawee refuses payment for any other reason through no fault of the person who issued or passed the check.
I-a. A person who issues or passes a bad check is subject to prosecution in the jurisdiction in which he issued or passed the check.
II. For the purposes of this section, as well as in any prosecution for theft committed by means of a bad check, a person who issues a check for which payment is refused by the drawee is presumed to know that such check would not be paid if he had no account with the drawee at the time of issue.
III. It is an affirmative defense that the actor paid the amount of the check, together with all costs and protest fees, to the person to whom it was due, within 14 days after having received notice that payment was refused. The actor's failure to make such payment within 14 days after receiving notice that payment was refused shall be prima facie evidence of a violation of paragraph I of this section.
IV. (a) Issuing a bad check is:
(1) A class A felony if:
(A) The face amount of the check exceeds $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,500;
(2) A class B felony if:
(A) The face amount of the check exceeds $1,000 but is not more than $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,000 but does not exceed $1,500;
(3) A class A misdemeanor if the face amount of the check does not exceed $1,000 and the actor has been convicted of an offense under this section within the previous 12 months; and
(4) A class B misdemeanor in all other cases.
(b) In any prosecution under subparagraph IV(a), the prosecutor shall prove that the person issued or passed the check knowing or believing that the check would not be paid by the drawee.
(c) Face amounts involved in the issuance of bad checks committed pursuant to one scheme or course of conduct may be aggregated in determining the grade of the offense.
V. In addition to any other sentence which it imposes, the court shall, if restitution is authorized under RSA 651:63, order any person convicted of a violation of this section to make restitution to the person to whom the check was due. Such restitution shall include the amount of the check and may include all reasonable costs and protest fees.
VI. (a) Notwithstanding any other provision of law to the contrary, in any judicial proceeding under this section, a notarized or sworn statement by the bank official who is the keeper of records of the bank upon which the check was drawn shall be admissible as evidence at trial to prove the status or account balance of the person's account on the date the check was issued or passed. The admission of this statement shall eliminate the need for the keeper of records to personally appear and testify before the court.
(b) Nothing in this paragraph shall prevent the person who issued the check for which payment was refused from securing the appearance of the keeper of the records before the court by subpoena or other legal process.

Source. 1971, 518:1. 1979, 265:1. 1983, 378:1, 2. 1985, 163:1. 1989, 269:1-4. 1990, 153:1. 1993, 215:1, 2. 2010, 239:4, eff. July 1, 2010.

Two Types of Bad Checks

• Checks that are returned due to insufficient funds.

• Checks that are returned due to account closure.

Information about Forged Checks

• Forged checks are not the same as bad checks and are handled in a separate manner than bad checks, please report any forged checks falling within the jurisdiction of the Town of Conway to the Conway Police Department.  New Hampshire law addresses forged checks within NH RSA 638:1 

When a Bad Check is Received, the Conway Police Department Requests the Following Procedures be Taken:

• Send a certified fourteen (14) day notice to the person who issued the check, a sample letter can be found by clicking here.  Please ensure that the fourteen day letter includes a return receipt request.

• Keep a copy of the fourteen day notice that you mailed to the maker of the check. It is imperative to have this process completed correctly and the necessary documents saved in the event you need to pursue the matter further.

• Turn the original check, all receipts, correspondence, etc. over to the Conway Police Department for criminal prosecution only if:

  • Payment is not received for the amount of the bad check within fourteen days after the maker received the certified letter you sent;

  • Or, if the fourteen day notice is returned to you marked Unclaimed/Moved-No Forwarding Address/Etc.

The Conway Police Department will attempt to collect the face value amount of the check for you.  If payment is not received, a Criminal Complaint will be prepared and a Warrant will be requested by the court for the arrest of the maker of the check.  If the maker of the check is charged criminally, you will be called to testify at court.

IF AT ANY POINT YOU RECEIVED RESTITUTION FOR A CHECK THAT YOU PREVIOUSLY TURNED OVER TO THE CONWAY POLICE DEPARTMENT, YOU MUST NOTIFY THE CONWAY POLICE DEPARTMENT IMMEDIATELY.