State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C570 > 570_125

Fraudulently stopping payment on an instrument, penalties.

570.125. 1. A person commits the crime of “fraudulently stoppingpayment of an instrument” if he, knowingly, with the purpose to defraud,stops payment on a check or draft given in payment for the receipt of goodsor services.

2. Fraudulently stopping payment of an instrument is a class Amisdemeanor, unless the face amount of the check or draft is five hundreddollars or more or, if the stopping of payment of more than one check ordraft is involved in the same course of conduct, the aggregate amount isfive hundred dollars or more, in which case the offense is a class Dfelony.

3. It shall be prima facie evidence of a violation of this section ifa person stops payment on a check or draft and fails to make good the checkor draft, or return or make and comply with reasonable arrangements toreturn the property for which the check or draft was given in the same orsubstantially the same condition as when received within ten days afternotice in writing from the payee that the check or draft has not been paidbecause of a stop payment order by the issuer to the drawee.

4. “Notice in writing” means notice deposited as certified orregistered mail in the United States mail and addressed to the issuer athis address as it appears on the dishonored check or draft or to his lastknown address. The notice shall contain a statement that failure to makegood the check or draft within ten days of receipt of the notice maysubject the issuer to criminal prosecution.

(L. 1983 S.B. 75, A.L. 1985 S.B. 264, A.L. 2002 H.B. 1888)