The check must be dishonored by the drawee for one of two reasons: 1. No account or account closed. This is based on the status of the account at the time the check was made, drawn, uttered, or delivered, not at the time it was presented to the bank for payment. 2. Lack of funds - the check must have been deposited or presented for payment within 30 days of the date delivered, and the accused has failed to make payment of the check and a service charge within 10 days after receiving written notice that the check has been dishonored. A copy of the notice (PDF) that will satisfy this requirement may be found in the forms section of this website. There are many other reasons why a check may not be paid upon presentation. However, only the reasons set forth in the statute will support a criminal prosecution. If the check has been dishonored for another reason you should review the availability of civil remedies for bad checks.