How Long Does a Bad Check Stay on Your Record?
Discover the lasting consequences of a returned check on your banking relationships and financial future.
Discover the lasting consequences of a returned check on your banking relationships and financial future.
A check written without sufficient funds to cover its amount can create significant financial complications for the issuer. Understanding the implications of such a “bad check” is important for maintaining a healthy financial standing. This includes knowing how it affects banking relationships, personal credit, and potential legal or financial liabilities. Addressing these issues promptly can mitigate long-term negative impacts on an individual’s financial record.
A “bad check” or “bounced check” occurs when a bank cannot honor a check presented for payment. This primarily happens due to insufficient funds in the account. Other reasons include a stop payment order, a closed or frozen account, or errors like an incorrect date, mismatched signature, or differing amounts. While many bad checks are accidental, knowingly writing a check with intent to defraud is a crime.
A bad check can significantly affect your banking record, primarily through consumer reporting agencies like ChexSystems. ChexSystems tracks deposit and debit account history, similar to how credit bureaus track credit history. When a check bounces or an account closes with an unpaid negative balance, banks may report this activity to ChexSystems. This information contributes to a consumer’s risk score, used by banks and credit unions when evaluating applications for new accounts.
Negative entries, such as for insufficient funds or involuntary account closures, remain on a ChexSystems report for five years from the report date. Such an entry can make it challenging to open a new traditional bank account, as approximately 80% of commercial banks and credit unions use ChexSystems for screening. While consumers can dispute inaccurate information, a valid negative entry requires waiting for the five-year period or seeking “second-chance” banking options.
A single bounced check does not directly appear on your major credit reports from agencies like Experian, Equifax, or TransUnion. These credit bureaus focus on credit-related activities, such as loans, credit card payments, and debt collections. However, a bounced check can indirectly affect your credit report if the unpaid amount, along with associated fees, is sent to a collection agency.
If the bank or merchant refers the unpaid debt to a collection agency, that agency may report the collection account to the national credit bureaus. Once an account goes to collections, it can remain on your credit report for up to seven years from the date of original delinquency. This negative mark can significantly lower your credit score and impact your ability to secure future loans, credit cards, or even housing. Failure to resolve the debt can have a lasting impact on your creditworthiness.
Beyond impacting banking and credit records, a bad check carries immediate financial penalties and potential legal ramifications. Banks charge a non-sufficient funds (NSF) fee to the check writer, typically $25 to $35 per incident. If the check is presented multiple times, multiple fees may be incurred. The recipient’s bank may also charge a returned item fee, and the merchant or individual who received the check may charge their own returned check fees, often $20 to $40.
If the check amount and associated fees remain unpaid, the debt can be sent to collections, escalating the financial burden. In more severe cases, particularly with intent to defraud or a pattern of behavior, writing a bad check can lead to civil lawsuits or criminal charges. Knowingly issuing bad checks can be considered a misdemeanor or a felony, with penalties varying by jurisdiction and the amount involved. Civil actions allow the payee to sue for the check’s amount and sometimes additional damages, up to three times the check’s value or a statutory amount.