What will happen ifI wrote a check to the DMVfrom a closedaccount?

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What will happen ifI wrote a check to the DMVfrom a closedaccount?

Wrote a check on an account that has been closed for over a year. I don’t normally write checks, however, 1 was written about a week and a half ago for $13.50 to the DMV out of that account. I plan on calling the DMV and letting them know my error first thing in the am (I have not received any notices from them at this point.) Aside, from a returned check fee, will there be any more consequences (ie.loss of licence)?

Asked on January 10, 2011 under Business Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Writing a bad check in the Commonwealth of Pennsylvania is a crime.  The law assumes that you actually knew that the check would not be honored at the time that it was written.  How severe they rate the crime depends on the amount of the check that was written.  If the check is for less than $200, the offense is a summary offense, similar to a traffic ticket.   If you are convicted of a violation of the statute, a fine will be imposed and possible jail time.  Also, the court is required to order the offender to reimburse the payee for the face amount of the check, interest from the date of dishonor, and any service charge incurred. There is also civil liability besides criminal liability.  The DMV has a civil claim against you under Article III of the Uniform Commercial Code. This allows an action to be brought by a private party in addition to any criminal action that might be brought by the Commonwealth of PA.  This all seems very overly exaggerated for the $13.50.  I might go down to DMV and pay the money in person and hope that the check has yet to be processed.  Good luck.


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