An NWNI charge in Alabama is a criminal charge for Negotiating a Worthless Negotiable Instrument under Alabama Code Section 13A-9-13.1, the state’s bad-check statute.1Alabama Legislature. Alabama Code 13A-9-13.1 – Negotiating Worthless Negotiable Instrument – Generally It is a Class A misdemeanor, the most serious misdemeanor class in Alabama, and a conviction can bring up to one year in jail and a fine of up to $6,000. In most cases, paying the check amount plus a service charge within 10 days of a certified notice ends the problem before any charge is filed.
What the Prosecution Has to Prove
Three elements have to line up for a valid NWNI charge:
- You handed over a negotiable instrument. Checks are typical, but the statute also reaches drafts and electronic drafts.
- You received something of value in return. A check written as a gift that later bounces does not meet this element.
- You knew, intended, or expected that the bank would not honor the instrument.1Alabama Legislature. Alabama Code 13A-9-13.1 – Negotiating Worthless Negotiable Instrument – Generally
The third element is the heart of every NWNI case. Prosecutors rarely have a confession, so the statute gives them specific situations that count as automatic evidence of intent.
When Intent Is Presumed
Alabama law lets a court presume you knew the check would bounce in three situations:
- You had no account with the bank at the time you wrote the instrument.
- The bank refused payment for insufficient funds (on a check presented within 30 days of delivery), the holder sent you written notice, and you did not pay the full amount plus a service charge within 10 days.
- The holder mailed a notice of dishonor by certified or registered mail to the address on the check or the address you gave when you wrote it, and the mail came back undelivered.1Alabama Legislature. Alabama Code 13A-9-13.1 – Negotiating Worthless Negotiable Instrument – Generally
These presumptions can be rebutted, but once one applies, the burden shifts to you to explain. The 30-day presentation window is important: if the holder waits longer than 30 days to deposit the check, the insufficient-funds presumption does not automatically kick in.
The 10-Day Notice and How to Stop the Case
Most NWNI cases are resolved, or lost, in the 10-day notice window. When a check bounces, the holder sends written notice demanding payment of the original amount plus a service charge, which Alabama caps at $30.2Alabama Legislature. Alabama Code 8-8-15 – Bad Check Charge; Deemed Not Interest
If you pay in full within 10 days of receiving that notice, the statutory presumption of criminal intent falls away and prosecution becomes much harder. If you don’t, the holder can hand the dishonored check and related information to authorities for prosecution.3Alabama Legislature. Alabama Code 13A-9-13.2 – Negotiating Worthless Negotiable Instrument – Notice of Refusal of Payment Upon Instrument
The notice has to go by certified or registered mail to the address printed on the check or the address you gave when you wrote it. A notice sent that way is legally treated as received, even if you never pick it up.3Alabama Legislature. Alabama Code 13A-9-13.2 – Negotiating Worthless Negotiable Instrument – Notice of Refusal of Payment Upon Instrument If you moved and never updated the address on your checks, ignoring the mail will not protect you. Treat those 10 days as a hard deadline.
Penalties If You’re Convicted
As a Class A misdemeanor, an NWNI conviction can bring:
- Up to one year in county jail or hard labor for the county.4Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
- A fine of up to $6,000. If double your financial gain or the victim’s loss exceeds that cap, the court can impose a fine equal to that larger amount instead.5Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
The doubling provision catches people off guard. A $5,000 bad check stays under the $6,000 cap. But a $4,000 check that caused $4,000 in losses can support a fine of up to $8,000. And beyond the sentence itself, a conviction leaves a permanent misdemeanor record that follows you through employment and housing background checks.
How Long Prosecutors Have to File
Alabama gives prosecutors 12 months to bring an NWNI charge, measured from the date you delivered the worthless instrument. If no charges are filed within that year, prosecution is barred. That short window is one reason holders are pushed to send the 10-day notice quickly rather than sit on a bounced check.
Defenses That Work
Paying Within 10 Days
The simplest defense is also the most effective. Pay the full amount plus the service charge within 10 days of the certified notice and the statutory presumption of intent is gone. Most cases end here without charges ever being filed.
No Intent to Pass a Bad Check
If you genuinely believed the check would clear when you wrote it, the charge falls apart. Evidence of a deposit in transit, a miscalculated balance, or an expected transfer that posted late can all support this defense. The point is to show that at the moment you handed over the check, you had a reasonable basis to think it would be honored.
Defective Notice
Because the 10-day notice is what triggers the intent presumption in insufficient-funds cases, flaws in the notice can undermine the whole prosecution. A notice sent to the wrong address, sent by regular mail instead of certified or registered, or sent after an unreasonable delay may fail to trigger the presumption.3Alabama Legislature. Alabama Code 13A-9-13.2 – Negotiating Worthless Negotiable Instrument – Notice of Refusal of Payment Upon Instrument Without it, the prosecution has to prove intent some other way.
Post-Dated Checks
A post-dated check creates a gray area. If you told the recipient the check was post-dated and the recipient agreed to wait until that date to deposit it, you may have a defense: the check functions as a promise to pay in the future, and you had reason to expect funds by that date. The defense is strongest when you can show the recipient knew and agreed. Simply writing a future date on a check you hand to a cashier, with no discussion, is unlikely to help.
Late Presentation
The insufficient-funds presumption only applies when the check is presented within 30 days of delivery.1Alabama Legislature. Alabama Code 13A-9-13.1 – Negotiating Worthless Negotiable Instrument – Generally If the holder waits two months to deposit the check and it bounces because your balance changed in the meantime, the automatic presumption no longer helps the prosecution. The charge is not dismissed on that basis alone, but intent has to be proven independently.