![]() |
|
Bad Check:
A person who issues a check which has been dishonored because of lack of funds or credit to pay the same, or because he has no account with the drawee is subject to civil penalties. The holder of the dishonored check may pursue a civil action to recover the amount of the check, court costs, service costs, and collection costs incurred, from the maker thereof only if he has given the maker a written notice of dishonor, and the maker fails to pay the amounts as demanded within ten (10) days of receiving the notice. If a judgment is obtained, and the maker fails to make restitution on the date of the judgment, the debtor may be required to pay to the holder the sum of $10 per business day that the debt remains outstanding from the date of the judgment up to a maximum of $500. ( §544-B:1.) The notice of dishonor is presumed to have been given if it is properly deposited in the United States mails, postage prepaid, by certified or registered mail, return receipt requested, and addressed to such maker, drawer, or issuer at his address as it appears on the check, or at his last known address. ( §544-B:2.) The New Hampshire Revised Statutes also provides criminal penalties against any person who is guilty of issuing a bad check under Title 62 § 638:4. A person who issues a check for which payment is refused by the drawee is presumed to know that such check would not be paid if he had no account with the drawee at the time the check was issued. He may be prosecuted in the jurisdiction in which he passes the check and may be charged with a felony if the check amount exceeds $500, or a misdemeanor if the check amount is less than $500. It is however an affirmative defense to the criminal charges if the maker of the bad check paid the amount of the check, together with all costs and protest fees, to the holder thereof within 14 days after having received notice that payment of the check was refused. In a consumer transaction, a creditor or a debt collector designated to collect a bad check may charge the maker thereof a check collection fee of not more than $25 unless otherwise expressly authorized by a written agreement with the consumer. Disclosure of a check collection charge to a consumer must be given by telephone or by written notice sent by regular mail to the debtor at the debtor's last known telephone number address or at the address shown on the check. (§358-C:5.) |
|
| Links to New Hampshire laws, government agencies, and organizations are included here. Always discuss actual cases with your actual legal advisor or legal department. The New Hampshire Bar Association is linked here. | |