The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.
Civil Penalties by States
The following information may be out of date when you read this. Check with your state statutes for current law.
Alabama. Greater of $10 or actual bank charges.
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.
Arizona. Twice the amount of the check or $50, whichever is greater, costs of suit, reasonable attorneys' fees.
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.
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) ]
Colorado. Treble the amount of such check and in no case less than $100, including reasonable fees.
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.
Delaware. Amount due, costs of suit, protest fees.
District of Columbia. Amount due, protest fees.
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.
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.
Hawaii. Amount due, costs of suit, protest fees.
Idaho. $100 or treble the amount of the check, whichever is greater, but not more than $500 greater than the amount of the check.
Illinois. Treble amount of check but not less than $100 nor more than $500 plus attorney's fees and court costs.
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.
Iowa. Treble amount of dishonored check but not to exceed amount of check plus $500.
The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.
Civil Penalties by States
The following information may be out of date when you read this. Check with your state statutes for current law.
Alabama. Greater of $10 or actual bank charges.
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.
Arizona. Twice the amount of the check or $50, whichever is greater, costs of suit, reasonable attorneys' fees.
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.
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) ]
Colorado. Treble the amount of such check and in no case less than $100, including reasonable fees.
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.
Delaware. Amount due, costs of suit, protest fees.
District of Columbia. Amount due, protest fees.
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.
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.
Hawaii. Amount due, costs of suit, protest fees.
Idaho. $100 or treble the amount of the check, whichever is greater, but not more than $500 greater than the amount of the check.
Illinois. Treble amount of check but not less than $100 nor more than $500 plus attorney's fees and court costs.
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.
Iowa. Treble amount of dishonored check but not to exceed amount of check plus $500.