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Johnathan MWhat is Bad Check / Check Fraud in South Carolina?
South Carolina’s bad check law is found in S.C. Code § 34-11-60. Under this statute, it’s illegal for any person to draw, make, issue, or deliver a check intending to defraud when the account has insufficient funds or doesn’t exist at all. This law also includes checks with incorrect or inadequate signatures, checks written on unauthorized accounts, and situations where someone halts payment on a check after receiving money, credit, goods, or services.
The key element is intent. Prosecutors must show that you knew funds weren’t available and intended to deceive the recipient. South Carolina law allows a “prima facie” presumption of fraudulent intent if you fail to make good on the check within ten days of receiving written notice by certified mail. This notice must include the check number, amount, bank it was drawn on, and a warning that prosecution may follow if payment isn’t made in that timeframe.
Writing a bad check isn’t limited to personal checks. The statute encompasses drafts and any other written order for payment of money, including business checks. You can also face charges for aiding someone else in writing a fraudulent check.
Penalties for Bad Check / Check Fraud in Greenville, SC
The penalties vary based on the check’s amount and whether you have previous convictions. South Carolina divides jurisdiction between magistrate’s court and the Court of General Sessions.
In magistrate’s court, a first conviction on a check of $500 or less carries a fine between $50 and $200 or up to 30 days in jail. For a first conviction on a check between $500 and $1,000, the fine rises to between $300 and $500, or up to 30 days in jail, or both. Repeat offenders face stricter penalties in magistrate’s court as well.
In the Court of General Sessions, where checks over $1,000 are typically prosecuted, a first conviction can bring a fine between $300 and $1,000, up to two years of imprisonment, or both. A second or subsequent conviction carries a fine between $500 and $2,000, with imprisonment ranging from 30 days to ten years. Beyond criminal penalties, the payee can sue for civil damages, including up to three times the check’s value.
In addition to fines and jail time, you’ll owe the check’s original amount, a $30 service charge, and all court costs. For a first offense, the court might suspend any sentence if you can show satisfactory proof of restitution. That option becomes discretionary for repeat offenders.
How Bad Check Cases Are Prosecuted in Greenville County
Bad check cases in Greenville County usually start when the check recipient sends a written notice to the writer by certified mail. If no payment is made within ten days, the payee can file a complaint with a Greenville County magistrate. Based on the amount involved, the case may be handled in magistrate’s court or referred to the 13th Judicial Circuit Solicitor’s Office, which handles felony and more serious misdemeanor cases in General Sessions Court.
Prosecutors in Greenville will often look for patterns. Multiple bad checks written within a short period, checks written on accounts with chronic insufficient funds, or checks written on non-existent accounts all raise scrutiny levels. If multiple checks are issued in a scheme, each can potentially be charged as a separate offense, significantly increasing your exposure.
The Solicitor’s Office might also link bad check charges with related offenses, such as Fraud or identity-based crimes, especially if the bank account wasn’t yours or you obtained it with false details.
Greenville County handles a high volume of bad check cases. Retail businesses, contractors, medical providers, and landlords frequently report dishonored checks, meaning the magistrate’s court and the Solicitor’s Office routinely process these cases. That familiarity works both ways: experienced prosecutors know what they need to prove, and seasoned defense attorneys know where weaknesses might appear. Cases filed in bad faith, those involving notice procedure violations, or cases where the payee knew of insufficient funds are not hopeless. They require skilled advocacy to resolve effectively.
Defense Strategies for Bad Check Charges
There are viable defenses available in bad check cases, and the right strategy depends on the specifics.
Lack of intent is the most direct defense. If you genuinely believed sufficient funds were available when the check was written, that weakens the prosecution’s case. Bank errors, unexpected automatic payments, or a delay in deposit clearing can support this argument.
Improper notice is another crucial tool. If the payee didn’t follow the certified mail notice procedure exactly, or if you never received the notice, the prima facie fraud evidence might not apply. The law specifies how and to whom notice must be sent.
Payment before prosecution can mitigate charges. While paying after prosecution begins doesn’t serve as a defense, it can influence sentencing. Judges may consider restitution when deciding your sentence.
Factual disputes over the check’s amount or authenticity can also be critical. If there’s a dispute over whether you actually signed the check or if the check was accepted with knowledge of insufficient funds, those are issues the court must resolve.
Sentencing factors in bad check cases include the number of checks involved, the total amount across all checks, whether you were in a position of trust with the payee, and whether you made any effort to repay before charges were filed. Judges in Greenville County may weigh voluntary restitution before prosecution as a mitigating factor, but it does not guarantee dismissal once the complaint is filed.
Working with a White Collar Crimes Lawyer who understands how Greenville County prosecutors build these cases gives you the best chance of challenging the evidence early and resolving the matter favorably.
Why You Need a Bad Check Lawyer in Greenville
A conviction for check fraud, even at the misdemeanor level, is a fraud conviction. That tag follows you when applying for jobs, housing, professional licenses, or loans. Many employers and landlords conduct background checks and treat any fraud-related offense as disqualifying. If you’re in a licensed profession, a fraud conviction can trigger disciplinary proceedings with your licensing board.
The financial consequences compound the problem. Between fines, court costs, service charges, and potential civil liability under § 34-11-75, a single bad check incident can cost you thousands of dollars on top of any lost income during proceedings.
John Crangle is a Greenville Criminal Defense Lawyer who understands the full picture of what a fraud conviction means for your life. He knows how the 13th Judicial Circuit Solicitor’s Office approaches these cases, what evidence matters, and how to position your defense for the best possible outcome. Whether the goal is dismissal, a reduced charge, or a first-offense sentence suspension tied to restitution, having an experienced advocate on your side makes a significant difference.
If you’re also dealing with allegations involving Embezzlement, Forgery / Counterfeiting, or other financial crimes, John can handle those charges together and build a coordinated defense strategy.
Don’t wait to see how the process unfolds on its own. Contact John Crangle today for a confidential consultation about your bad check charges in Greenville.