Issuing Worthless Checks — Louisiana Law

Posted by & filed under Criminal Statutes, White Collar Crime.

 

 

WHAT IS WORTHLESS CHECK LAW IN NEW ORLEANS?

 

BY: ELIZABETH B. CARPENTER

 

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Issuing Worthless Checks — La. R.S.  14.71

 

Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank, or other depository for the payment of such check, draft, or order in full upon its presentation.  This also includes the offender knowing at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.

 

This applies to a check, draft, or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts, or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.

 

The offender’s failure to pay a check, draft, or order, issued for value, within 10 days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within 10 days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

 

Penalties

 

Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is $1500 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $3,000.00, or both.

When the amount of the check or checks is $500 or more, but less than $1500, the offender shall be imprisoned, with or without hard labor, for not more than 5 years or may be fined not more than $2,000, or both.

When the amount of the check or checks is less than $500 dollars, the offender shall be imprisoned for not more than 6 months or may be fined not more than$500.00, or both.

If the offender in such cases has been convicted of issuing worthless checks 2 or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than 2  years or be fined not more than $1,000 dollars, or both.

When the offender has issued more than one worthless check within a 180 day period, the amount of several or all worthless checks issued during that period will be aggregated.

 

 

If you or a loved one has been arrested for Issuing Worthless Checks in the New Orleans area, it is imperative that you contact a White Collar Crime Attorney New Orleans.

 

 

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