No, you cannot effectively write a check to yourself if there is no money in your account with the intention of cashing or depositing it. While it is generally legal to write a check to yourself, it becomes illegal to write a check for more funds than you possess and then attempt to cash or deposit it.
Understanding Checks to Yourself
Writing a check to yourself typically serves practical purposes, such as:
- Withdrawing Cash: If you need a specific amount of cash and your bank's ATM has a daily limit, or if you prefer to conduct a transaction in person, you can write a check payable to "Cash" or your own name and present it at your bank's teller window for withdrawal.
- Transferring Funds: You might write a check to yourself to move money between two of your own accounts, especially if they are held at different financial institutions. You would deposit the check from one account into the other.
These actions are perfectly legitimate and common, provided you have sufficient funds in the account on which the check is drawn.
The Illegality of Insufficient Funds
The core issue arises when a check is written for an amount that exceeds the available balance, or when the account has no money at all. This is commonly known as writing a "bad check" or "bouncing a check."
If you write a check to yourself with no money in the account and then try to cash or deposit it, you are attempting to obtain funds that do not exist. This act is illegal, as it constitutes writing a check for more funds than you have and then trying to cash it.
Consequences of Bouncing a Check
Attempting to cash a check drawn on an account with insufficient or no funds can lead to several significant repercussions:
- Bank Fees: Both your bank and the bank where you attempt to cash or deposit the check (even if it's the same bank) will likely charge an "insufficient funds" (NSF) fee. These fees can be substantial and can quickly accumulate.
- Legal Ramifications: Writing a check for more funds than you have, with the intent to defraud, is a criminal offense. Depending on the amount and jurisdiction, this can range from a misdemeanor to a felony, potentially leading to fines, restitution, or even jail time.
- Damage to Banking Relationship: Repeatedly bouncing checks can lead to your bank closing your account. It can also negatively impact your record with consumer reporting agencies like ChexSystems, making it difficult to open new bank accounts in the future.
Legal vs. Illegal Action Summary
To clarify the distinction, consider the following table:
| Action | Legality / Outcome |
|---|---|
| Writing a check to yourself with sufficient funds | Legal and Common: This is a standard banking practice for legitimate purposes like withdrawing cash or transferring money between your own accounts. |
| Writing a check to yourself with insufficient or no funds | Legal to write, but Illegal to cash/deposit: Merely writing a check on paper isn't inherently illegal. However, attempting to cash or deposit it when you know there are no funds in the account makes it a fraudulent act, leading to severe consequences. |
Practical Considerations
If you find yourself with no money in your account, writing a check to yourself will not create funds. Instead, consider exploring other options:
- Review Your Budget: Identify areas where you can reduce spending or increase income to improve your financial situation.
- Emergency Savings: If you have an emergency fund, now might be the appropriate time to access it.
- Financial Assistance: Explore options like short-term loans from reputable lenders, or local assistance programs if you are facing financial hardship.
Writing a check to an empty account is not a viable solution for obtaining money and carries significant legal and financial risks.
