| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.535.3(3)

Statute ID: 1375

Statute Function ID: 18504

Issue Dishonored Check-When Presented-Fail to Pay

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.535.3(3)

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 1859

Expiration Date:

Repealed?:

Summary Text:

Issue Dishonored Check-When Presented-Fail to Pay

Statute ID:

1375

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Issue Dishonored Check-When Presented-Fail to Pay

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/535.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

Any of the following is evidence sufficient to sustain a finding that the person at the time the person issued the check intended it should not be paid:
(1) proof that, at the time of issuance, the issuer did not have an account with the drawee;
(2) proof that, at the time of issuance, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision; or
(3) proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision.
Notice of nonpayment or dishonor that includes a citation to and a description of the penalties in this section shall be sent by the payee or holder of the check to the maker or drawer by certified mail, return receipt requested, or by regular mail, supported by an affidavit of service by mailing, to the address printed on the check. Refusal by the maker or drawer of the check to accept certified mail notice or failure to claim certified or regular mail notice is not a defense that notice was not received.
The notice may state that unless the check is paid in full within five business days after mailing of the notice of nonpayment or dishonor, the payee or holder of the check will or may refer the matter to proper authorities for prosecution under this section.
An affidavit of service by mailing shall be retained by the payee or holder of the check.