Writing a Simple Worthless Check in North Carolina
Someone, such as individuals, firms, and corporations, can be charged with writing a worthless check when they know that there are insufficient funds or credit available for the payment or when the maker of the check has previously used the check or draft for the payment, pursuant to North Carolina General Statute § 14-107.
The action element of the charge that violates the statute stems from drawing, making, uttering or issuing, and delivering the check to another person. However, what is important for a simple worthless check charge is the knowledge component though. This specific type of charge requires the person to have the specific knowledge that there are insufficient funds or credit for the payment. A person acts “knowingly” when there are aware of conscious of what he or she is doing. Underwood v. Bd. Of Alcoholic Control, 278 N.C. 623, 631 (1971).
A question may arise about whether a postdated check is enough grounds to violate this statute. A postdated check is where an individual puts a later date on the check so that it can only be cashed on or after that later date. The North Carolina Supreme Court determined a postdated check only implies that on its date the person will have or expects to have the funds or credit in the account for the payment. State v. Crawford, 198 N.C. 522 (1930); State v. Byrd, 204 N.C. 162 (1933).
If you have questions about a simple worthless check charge, please call our criminal law firm at 919-650-2851.
