Terms Of Use California

 

Bad Check:

 

When a check is dishonored for nonsufficient funds, the payee may charge the drawer of the check a service charge not to exceed $15.00 or 5% of the face amount of the check, whichever is greater.  If  the drawer fails to pay the amount within thirty (30) days of receipt of a written demand, he is liable to the payee of the check, or a person subrogated to the right of the payee, for damages twice the amount so owing, but in no case less than $100 plus attorney fees and court costs.   (LRS 9:2782)

Before any recovery for damages may be claimed, the payee must send, by certified or registered mail with return address requested, at the address shown on the instrument, a written notice, substantially conformed to the following:
 

"You are hereby notified that a check numbered ___________, issued by you on _____________ (date), drawn upon ____________________(name of bank), and payable to ___________________________ has been dishonored.  Pursuant to Louisiana law, you have thirty days from receipt of this notice to tender payment in full of the amount of the check plus a service charge of fifteen dollars or five percent of the face amount of the check, whichever is greater, the total mount due being _____________.  Unless this amount is paid in full within the thirty-day period, the holder of the check may file a civil action against you for two times the amount of the check or one hundred dollars, whichever is greater, plus any court costs and reasonable attorney fees incurred by the payee in taking the action."  (LRS 9:2782(C)(1))

In addition, if a dishonored check remains unpaid after six months has elapsed and the holder of the unpaid check has mailed written notice of dishonor to the maker as required by law not more than ten days before the elapse of the sixty days, the person holding the unpaid check may publicly post the check or a photograph of the maker of the check on its business premises.  (LRS 9:2782.1)

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