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Can you summarize NERS 28-611?
CRIMES AND PUNISHMENTS > Issuing or passing a bad check or similar order; penalty; collection procedures.
Short Summary
This legal document, part of the Nebraska Revised Statutes on Crimes and Punishments, governs the offense of issuing a bad check or similar order. It applies to any person who obtains property, services, child support credit, spousal support credit, or present value by issuing or passing a check, draft, assignment of funds, or similar signed order for the payment of money. The penalties for issuing a bad check vary based on the amount involved, ranging from a Class IIA felony for amounts of $5,000 or more to a Class II misdemeanor for amounts less than $500. Second or subsequent offenses under certain circumstances are classified as Class IV felonies. The document also outlines collection procedures, including the presumption of knowledge of insufficient funds if the person was notified of the drawee’s refusal of payment and failed to make the check good within a specified period. Additionally, it mentions the option of voluntary restitution and the requirement to pay restitution, a fee to the injured party, and any reasonable handling fee imposed by a financial institution. The document also highlights that restitution and payment of fees can be mitigating factors in the imposition of punishment.
Whom does it apply to?
Any person who obtains property, services, child support credit, spousal support credit, or present value by issuing or passing a check, draft, assignment of funds, or similar signed order for the payment of money.
What does it govern?
Issuing or passing a bad check or similar order; penalty; collection procedures.
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The penalties for issuing a bad check vary based on the amount involved: (a) Class IIA felony if the amount is $5,000 or more; (b) Class IV felony if the amount is $1,500 or more but less than $5,000; (c) Class I misdemeanor if the amount is $500 or more but less than $1,500; (d) Class II misdemeanor if the amount is less than $500. For second or subsequent offenses under (c) or (d), the person is guilty of a Class IV felony.
Jurisdiction
Nebraska