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NSF Check Laws

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NSF Check Laws By State

  1. Alabama: Greater of $10 or actual bank charges.
  2. Alaska: The bidder may recover damages in an amount equal to $100 or treble the amount, whichever is greater, except that damages recovered under bad check law may not exceed the amount of the check by more than $1000.
  3. Arizona: Twice the amount of the check or $50, whichever is greater, costs of suit, reasonable attorneys’ fees.
  4. Arkansas: Amount due, service charge not to exceed $10. On stop payment, 15 days following written demand to drawer’s last known address, holder may collect fee not to exceed $15; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than $50.
  5. California: Amount due, damages of treble the amount so owing, but in no case less than $100 or more than $1, 500. [Civil Code § 1719(a)(2) ]
  6. Colorado: Treble the amount of such check and in no case less than $100, including reasonable fees.
  7. Connecticut: Amount of check plus lessor of: if no bank account – $750 or amount of check; or if insufficient funds – $400 or amount of check. Statutory form of notice must be sent at least two times. Statute does not apply to certain consumer services.
  8. Delaware: Amount due, costs of suit, protest fees.
  9. District of Columbia: Amount due, protest fees.
  10. Florida: In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys’ fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding.
  11. Georgia: Upon 30 days following certified written demand by payee to maker, the maker shall be liable to the payee for damages of double the amount owing on the check not to exceed $500 and service charge not to exceed $15.
  12. Hawaii: Amount due, costs of suit, protest fees.
  13. Idaho: $100 or treble the amount of the check, whichever is greater, but not more than $500 greater than the amount of the check.
  14. Illinois: Treble amount of check but not less than $100 nor more than $500 plus attorney’s fees and court costs.
  15. Indiana: Treble amount of check not to exceed $500 plus amount of check, attorneys’ fees of not less than $100 and interest at 18% per annum.
  16. Iowa: Treble amount of dishonored check but not to exceed amount of check plus $500.
  17. Kansas: Giver of worthless check is liable for the amount of the check plus an amount equal to the greater of the following: (a) treble the amount of the check, but not exceeding the amount of the check by more than $500; or (b) $100.
  18. Louisiana: Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys’s fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.
  19. Maine: Amount due, court costs, service costs, collection costs, processing charges can be recovered only if statutory notice given, or payment within 10 days of notice.
  20. Maryland: Amount due, $15 fee, and amount up to two times the amount of the check, but not more than $1,000. Holder may claim damages 30 days after mailing notice of dishonor to last known address of maker or drawer.
  21. Massachusetts: Amount due, costs of suit, protest fees.
  22. Minnesota: Amount due, $100 penalty, interest (at judgment rate), reasonable attorneys’ fees if amount of check over $1,250, $15 service charge.
  23. Mississippi: Amount due plus additional damages of 100% on checks up to $25,000, 50% (not to exceed $50 or fall below $25) on checks on $25 to $200, and 25% on checks over $200.
  24. Missouri: Greater of treble face amount owed or $100. Damages should not exceed $500.
  25. Montana: Service charge plus the greater of $100.00, or three times the amount of the check, but not to exceed the value of the check by more than $500.00. (MCA 27-1-717.)
  26. Nebraska: Amount due, costs, protest fees.
  27. Nevada: Amount due, protest fees treble amount of check but not less than $100 nor more than $500.
  28. New Hampshire: Amount due, interest, court costs, reasonable costs of collection, and $10 per day (maximum is $50). If check issued to city or town, amount due, $15 fee plus protest, bank, and legal fees; if issued to state agency, amount due, $5 fee plus protest and bank fees.
  29. New Jersey: Face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00.
  30. New Mexico: Amount due, costs of suit, protest fees.
  31. New York: Face value of check, plus two times amount of check up to $750.
  32. North Carolina: Thirty days after written demand, lesser of $500 or treble amount owing on check, but not less than $100.
  33. North Dakota: Amount due, collection fees not to exceed $10, and $100 or treble amount of check, whichever is less.
  34. Ohio: The greater of $200 or three times the amount of check and attorney fees (no maximum).
  35. Oregon: When maker fails to tender amount due after written demand made by payee, payee may recover damages in an amount equal to $100 or treble amount of the amount for which the check, draft or order is drawn, whichever is greater, provided the amount is not greater than $500 over the due amount.
  36. Pennsylvania: Upon written demand from payee following conviction for passing a bad check and failure to make restitution, the payee upon obtaining civil judgment is entitled to an amount equal to $100 or treble the amount for which the check is drawn, whichever is greater, not to exceed by more than $500 the value of the check.
  37. Rhode Island: Amount of check plus fee of $25, plus amount up to treble amount of check but not less than $200 or more than $1,000.
  38. South Carolina: In addition to other fines, issuer shall pay all reasonable court costs, not to exceed $20 and if payment not made within 30 days, issuer shall pay amount of check and damages, of the lesser of $500 or treble the amount of the check.
  39. Tennessee: Treble amount of check, but not to exceed $500.
  40. Utah: Amount due, interest and costs of collection, court costs, reasonable attorneys’ fees.
  41. Vermont: Court costs, amount of check, attorneys’ fees, damage in amount of $50.
  42. Virginia: Lesser of $100 or three times amount of check.
  43. Washington: Lesser of amount of check or interest at 12%, and cost of collection not to exceed $40. If court action necessary after 15 days, lesser of reasonable attorneys’ fees and treble face of check or $100.
  44. West Virginia: Amount due, service charge not to exceed $10.
  45. Wisconsin: amount of check plus actual damages and exemplary damages not to exceed treble face amount of check.
  46. Wyoming: Amount due as well as damages equal to the cost of collection plus reasonable attorneys’ fees.
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