 South Carolina Bad Check Law
Any person in South Carolina who presents a check which is not honored because he did not have an account with the bank on which it was drawn, or had insufficient funds on deposit at that bank, who fails to pay the amount due together with a service charge of $25 within 10 days after a written notice from the payee of the check stating that payment was refused is presumed to have fraudulent intent when issuing the check to the payee.
The form of notice must be substantially of the format below and sent by certified mail to the address printed on the check, given at the time it is tendered, or provided on a check-cashing identification card,
"You are notified that a check or instrument, numbered ___, issued by you on ___ (date), drawn upon ___ (name of bank), and payable to ___, has been dishonored. Pursuant to South Carolina law, you have ten days from the date this notice was mailed to tender payment of the full amount of the check or instrument plus a service charge of twenty-five dollars, the total amount due being ___ dollars and ___ cents. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution."
In a civil action, a person who issues a dishonored check knowingly or with fraudulent intent is liable to the payee for the amount of the check and for damages of the lesser of $500 or three times the amount owing on the check if he fails to pay the amounts in cash demanded in a written notice within 30 days. The written demand must contain a description of the check and circumstances of its dishonor, a demand for payment and a notice of intent to file suit for treble damages if payment is not received within 30 days. It must be mailed by certified mail to the defendant's last known address. The plaintiff in such action may also be entitled to court costs and reasonable attorney fees.
In a criminal prosecution, a person who is convicted of issuing a fraudulent check may be punishable as follows:
- Check amount $500 or less: A fine of not less than $500 nor more than $200 or by imprisonment of not more than 30 days for a first conviction; and a fine of $200 or by imprisonment for 30 days for a second or subsequent conviction.
- Check amount more than $500: A fine of not less than $300 nor more than $1,000 or by imprisonment for not more than 2 years, or both for a a first conviction; and a fine of not less than $500 nor more than $2,000 and imprisonment for not less than 30 days nor more than 10 years for a second and each subsequent conviction.
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