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Civil Bad Checks - F.A.Q.s

How can I recover additional damages, such as a service charge on the returned check? (MAG 10)

First, you must attempt to negotiate the check. After you have received notice that the check will not be paid, you must then make a written demand upon the maker of the check for payment in cash of the amount of the check plus a service charge of 5% or $25.00, whichever is greater. The notice must be mailed to the maker of the check by certified or mail.If the maker of the check does not tender to you the amount of the check plus the service charge within ten days of receipt of the letter, you may make a claim for the additional statutory damages set forth above.

What if criminal prosecution cannot be made on a bad check I have received? (MAG 50)

You may still be able to collect the check, which is a contractual promise by the maker of the instrument that it may be presented for cash at the maker's bank for cash on demand.

 

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