Bad Check:

Under 2A:32A-1 of the New Jersey Statutes, any person who issues a check which is subsequently dishonored for lack of funds or credit to pay, or because the issuer does not have an account with the drawee, may be liable for the face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00.  The holder of a bad check may seek damages under this provision if he send a required written demand for payment to the maker of the bad check and the maker fails to pay the face amount of the bad check in cash or by cashier's or certified check within 35 days from the date of the written demand.  The written demand must be sent by certified mail to the bad check maker's last known address, and shall be in the following form and printed in both the English and Spanish languages: 

DEMAND FOR PAYMENT OF DISHONORED CHECK

DATE:.............................................
TO:..................................................
      (NAME OF MAKER)

WARNING: YOU MAY BE SUED IF YOU DO NOT MAKE PAYMENT OF THE AMOUNT SHOWN ON THIS        NOTICE WITHIN 35 DAYS AFTER THE DATE THIS NOTICE WAS MAILED.

.................................................................................................................
LAST KNOWN RESIDENCE ADDRESS OR PLACE OF BUSINESS

OUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $...............DATED............., PAYABLE TO THE ORDER OF ................................  HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN DRAWN BECAUSE:

....THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY

....THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR DEPOSITORY

IF YOU DO NOT MAKE PAYMENT WITHIN 35 DAYS AFTER THE DATE THIS NOTICE WAS MAILED, YOU MAY BE SUED TO RECOVER PAYMENT.  IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100) NOR MORE THAN THE FACE AMOUNT OF THE CHECK/DRAFT/ORDER PLUS FIVE HUNDRED DOLLARS ($500).

PLEASE MAKE PAYMENT IN THE AMOUNT OF $..............TO:    ............................ (NAME OF PAYEE)   ......................................... ADDRESS TO WHICH PAYMENT SHOULD BE DELIVERED.