Bad Check:
Any person who makes and delivers a bad check may be subject to payment of the amount
of the check, double damages in an amount not less than $50.00 but not more than $500.00,
if a written demand is sent to him and he fails to pay the amount of the check within 30
days. The written notice shall be mailed by certified mail, returned receipt
requested and delivery restricted to the addressee. The text of the written demand
must be as follows:
"On _________(date) a check drawn by you for $ _______ was returned to us
dishonored for [ ] not sufficient funds [ ] no account. If you do not
pay to us, within 30 days of the time you receive this notice, the full amount of the
check in cash, we have the right to bring an action against you for 2 times the amount of
the dishonored check ($__________) or $50.00, whichever is greater, or to make a criminal
complaint against you. If you do pay to us, within 30 days of the time you receive
this notice, the full amount of the check in cash, we will not take further action against
you."
An action may be brought in the small claims division of the District Court if it does not
exceed the jurisdiction of the small claims division or in any other appropriate court.
If the maker pays to the payee the amount of the dishonored check plus reasonable
costs not to exceed $50.00 before trial, then the payee shall not be entitled to the
double damages as provided above. (MSA 27A.2952.)
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