![]() |
|
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:
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) |
|