INSUFFICIENT FUND CRIMINAL STATUTE

Idaho Code Section 18-3106 makes the writing of insufficient funds checks a criminal offense. A single bad check, or a series of bad checks, in the amount of two hundred fifty dollars ($250) or more is punishable as a felony. A bad check in the amount of less than two hundred fifty dollars ($250) is punishable as a misdemeanor for the first and second convictions. However, a third conviction for passing a bad check under two hundred fifty dollars ($250) is punishable as a felony.

PROSECUTING ATTORNEY'S POLICY OF PERSONS WRITING CHECKS WITH NON-SUFFICIENT FUNDS (NSF CHECK)

NSF Prosecution Policy

It is the desire of the Nez Perce County Prosecutor’s Office that the residents of Nez Perce County have reasonable opportunities to recover monies owing them due to the return of non-sufficient fund checks. There are many remedies available through the law, with prosecution being only one.

Alternatives to Prosecution

1. The Nez Perce County Prosecutor’s Office may send a letter to the check writer of the NSF check regardless of whether the check meets the standards for prosecution.
• See NSF Complaint Form. This form must be filled out in order for a letter to be sent to the check writer by the Prosecutor’s Office.
2. Small Claims Court.
• Small Claims information may be obtained at the Nez Perce County Courthouse, 2nd Floor. .
3. Credit Bureau
• The Credit Bureau of Lewiston Clarkson, Inc. can be contacted at (208) 743-1525 in Lewiston, Idaho, or at (509) 758-9597 in Clarkston, Washington
4. Private Counsel.
• Monies may be recovered through a private cause of action. An attorney may inform you of your available legal remedies in a private action.

Prosecution Guidelines of Nez Perce County for NSF Checks

The Nez Perce County Prosecutor may pursue criminal charges for NSF checks which exceed $300 per individual check, or $1,000 cumulative providing:

The person obtaining the check requested and recorded a picture identification from the check writer; and The person accepting the check is available to testify regarding the taking of identification and accepting the check.

These guidelines may not apply to forgeries, or checks passed as part of a larger scheme to defraud.