Bad Check:

Any person who issues a dishonored check may be liable to the holder of the check the sum owed plus interest at the rate of 12% and cost for collection in an amount not to exceed $20.00 or the face amount of the check, whichever is less, if he fails to pay the holder the sum owed on the check within fifteen (15) days from the date the holder sends a written notice of dishonored.  (I.C. 28-22-105.)  The notice of dishonor must be sent by certified mail to the maker of the bad check at his last known address and must be substantially in the format as set forth in Idaho Code Section 28-22-106: 

• "NOTICE OF DISHONOR OF CHECK

• A check drawn by you and made payable by you to .......... in the amount of .......... has not been accepted for payment by .........., which is the drawee bank designated on your check.  This check is dated .........., and it is numbered, No. .........  You are CAUTIONED that unless you pay the amount of this check within fifteen (15) days after the date this letter is postmarked, you may very well have to pay the following additional amounts:

  (1)  Costs of collecting the amount of the check, including an attorney fee  which will be set by the court; and

  (2)  Interest on the amount of the check which shall accrue at the rate of twelve percent (12%) per annum from the date of     dishonor.

  You are advised to make your payment to .......... at the following address: ..........."
   

This notice requirement may not be required if there is an agreement between the holder and the maker of the check that authorizes a set collection fee in an amount not to exceed $20.00, or if the holder has notified the maker of such charge by posting a notice at the point of sale that such collection fee would be required in the event of dishonor.   If court action has to be filed to recover the check amount, the holder may be awarded reasonable attorney's fee.  (I.C. 28-22-105.)

In an action filed by the holder of the dishonored check under a written agreement with the payee or holder of the check, the holder may be entitled to recover from the maker of the dishonored check an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed by more than the sum of $500.00 the value of the check, only if the plaintiff made written demand of the maker for payment of the amount of the check not less than ten (10) days before filing the legal action, and if the maker of the dishonored check failed to tender to the holder the sum demanded.  The written demand required must be sent to the maker by certified mail at his last known address and must fully advise the maker of the consequences of failure to make prompt payment.    (I.C.1-2301A.)