Legal Definitions - bogus check

A bogus check refers to a check that is presented for payment but is invalid or cannot be honored by the bank for various reasons, often implying an intent to deceive or defraud. It is essentially a worthless check that cannot be cashed or deposited successfully.

Here are some examples illustrating the concept of a bogus check:

• Example 1: Insufficient Funds
  A person named David writes a check to a car repair shop for $1,500, knowing full well that his bank account only contains $200. When the repair shop deposits the check, David's bank returns it unpaid with a notation of "insufficient funds."

  Explanation: This check is considered bogus because David intentionally issued it without having the necessary money in his account to cover the payment, making it impossible for the repair shop to receive the funds.

• Example 2: Closed Account
  Sarah pays her utility bill with a check from an account she had closed the previous month. The utility company attempts to process the payment, but the bank rejects the check because the account it was drawn on is no longer active.

  Explanation: The check Sarah provided is bogus because it was written on a closed account, rendering it invalid and preventing the utility company from collecting payment.

• Example 3: Forged or Non-existent Account
  An individual attempts to purchase high-value merchandise from a retail store using a check that appears to be from a legitimate bank but is actually drawn on a fabricated account number that does not exist. The store deposits the check, but it is quickly identified by the bank as fraudulent and returned unpaid.

  Explanation: This check is a bogus check because it is based on a non-existent account, indicating a clear intent to defraud the retailer by presenting a worthless instrument for payment.