Yes, if you write a check on an account that has been closed, you can be charged with Bad Checks (N.J.S.A 2C:21-5) under New Jersey law – but that doesn’t mean that you will be convicted.
One of the elements of the Bad Checks statute is that a person acts knowingly, so if you mistakenly used an old check from a defunct account, or you did not know the account had been closed, you may have a defense against the charges.
There are many circumstances that can provide evidence of your innocence.
In a divorce, a spouse may close an account without telling the other.
There are cases where old check books that haven’t been destroyed have been stolen and checks are written on them with purely fraudulent intent.
There are many defenses against a Bad Checks charge in New Jersey.
Attorney Matthew Reisig defends clients all across New Jersey from Bad Checks charges, and can make a big difference in your case.
Call 732-625-9661 today for a free consultation.