Bad Check:
A person who issues a bad check is liable for civil penalty if the holder of such check
gives notice to that person that the check has been dishonored, and he did not pay the
check within twelve days from the date of the notice. The penalty may include twice
the amount of the check, or the sum of $50.00, whichever is greater, plus costs and
attorney fees as the court may allow on the basis of time and effort expended by such
attorney on behalf of plaintiff (ARS 12-671.) In addition, such person
may be required to pay the holder or payee of a dishonored check a service fee of not more
than twenty-five dollars plus any actual charges assessed by the financial institution of
the holder, payee or assignee of the holder or payee as a result of the dishonored
instrument. (ARS 44-6852.)
Notice may be actual notice or notice in writing, sent by registered mail with return
receipt requested and addressed to the
issuer at the issuer's address shown on the check, the records of the bank or other drawee
or the records of the person to whom the check is issued or passed. The form of notice
shall be substantially as follows: (ARS 13-1808.)
Notice of dishonored check Date:_______________________________________
Name of issuer:_______________________________
Street address:________________________________
City and state:________________________________
You are, according to law, hereby notified that a check or instrument numbered
________, dated ________, 19________,
drawn on ______________________ in the amount of ____________________ (bank or other
drawee) and payable to ___________________________ has been dishonored.
Pursuant to Arizona law, you have twelve days from receipt of this notice to pay or
tender to _____________________ the
(holder) full amount of the check or instrument, together with all reasonable costs and
protest fees of ___________, the total amount due being __________________. Unless this
amount is paid in full within the specified time above, the holder of the check or
instrument may turn over the dishonored check or instrument and all other available
information relating to this incident to the county attorney for criminal prosecution. |