Bad Check:

If a check is dishonored because of a lack of funds or credit to pay the check, or because the maker has no account with the drawee, the payee may be entitled to a fee not more than $25.00 for any single dishonored check for the cost of handling and collecting the check.  (ORS 30.701(5).)  If a payee made a written demand upon the maker of a dishonored check and the maker failed to pay the check plus all accrued interest from the date of the demand and the cost of handling and collecting the check within thirty (30) days, the holder may commence legal action to recover the amount of the check and statutory damages.  The statutory damages allowed under Section 30.701 of the Oregon Revised Statutes may be an amount equal to $100 or triple the amount of the check but may not exceed the amount of the check by more than $500.  The court may also allow reasonable attorney fees at trial or on appeal to the prevailing party.  However, the amount of statutory damages must be reduced by the amount of any charges for handling and collecting the check which have already been paid by the maker.  (ORS 30.701(5).)

If after the commencement of a legal action to recover the check amount but before trial, the maker of the check tender to the holder thereof the amount of the check, all accrued interest, cost for handling and collecting the check, and plaintiff's reasonable attorney fees incurred as of the date of the tender, the statutory damages may not be awarded.  (ORS 30.701(3).)

Note:  The provisions described above apply only to checks made on or after October 4. 1997.  For dishonored checks made prior to that date, the repealed sections 30.700, 20.090, 82.300 of the Oregon Revised Statutes remain applicable.  A creditor should consult real legal counsel with respect to the applicable law.