Terms Of Use California

 

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.)

Links to Michigan laws,  government agencies, and organizations are included here. Always discuss actual cases with your actual legal advisor or legal department. The State Bar of Michigan is linked here.
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