Understanding ARS 13-1807: Arizona’s Law on Issuing Bad Checks


Financial transactions are built on trust. When someone writes a check, the recipient expects it to be honored by the bank. However, if a check is returned due to insufficient funds, account closure, or other reasons, it can quickly escalate into a legal issue. In Arizona, this falls under ARS 13-1807, the state statute that specifically addresses the unlawful act of issuing a bad check.

What is ARS 13-1807?
ARS 13-1807 makes it illegal to knowingly issue or pass a check when the person is aware that there are not enough funds in the account to cover the amount. This statute applies whether the act is intentional fraud or reckless behavior. The law is designed to protect businesses, individuals, and financial institutions from losses caused by dishonored checks.

Key Provisions of the Statute
The statute covers a variety of circumstances, including:

  1. Issuing a check with insufficient funds – Writing a check when you know your account balance cannot cover it.

  2. Closed accounts – Attempting to pay with a check from an account that no longer exists.

  3. Stopped payments with intent to defraud – Placing a stop payment order without valid justification.

  4. Presumption of knowledge – The law may presume the issuer knew the check would not be honored if it was returned within a certain period.

Penalties Under ARS 13-1807
The consequences of violating this law vary depending on the amount of the check and the circumstances of the case. Penalties can include:

  • Misdemeanor charges for smaller amounts, often resulting in fines or restitution.

  • Felony charges for larger amounts or repeat offenses, which may involve jail time, probation, or higher fines.

  • Restitution orders requiring the issuer to repay the victim.

These penalties can affect not only your finances but also your reputation, employment opportunities, and future stability.

Defenses Against Bad Check Charges
Not every bounced check leads to a criminal conviction. Common defenses include:

  • Lack of knowledge – If the issuer was unaware of insufficient funds.

  • Bank errors – When the bank wrongly dishonored a valid check.

  • Post-dated checks – These may not fall under the same category depending on the circumstances.

  • Good faith efforts – Attempts to correct the mistake quickly may influence the case.

Having the right legal representation can make a significant difference in building a defense and protecting your rights.

Why Understanding ARS 13-1807 Matters
Many people view a bounced check as a simple financial mistake, but under Arizona law, it can become a serious criminal matter. Understanding ARS 13-1807 is crucial for anyone writing or receiving checks in Arizona. Awareness can prevent accidental violations and help individuals take immediate steps if faced with such charges.

Conclusion
Facing charges under ARS 13-1807 can feel overwhelming, but you don’t have to face it alone. With professional guidance, you can understand your rights, explore possible defenses, and take action to protect your future. For trusted legal support and connections to experienced attorneys, turn to Lawyer Listed, LLC.

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