Terms Of Use California

Bad Check:

Any person issuing or passing a bad check may be subject to civil and crminial penalties under the laws of the State of Vermont.

Under Chapter 57, § 2311 of the Commerce and Trade Code, in an action against a person who issues a bad check, the holder may recover from the maker court costs, costs of service, the amount of the check, bank fees, and interest.  The holder is also entitled to attorney's fees and damages in the sum of $50.00 if  a written notice of dishonor is given to the maker of the bad check by both certified mail and by first class mail, addressed to the maker at the address as it appears on the check or at the last known address and the maker failed to tender payment within 30 days of the date of notice.    The notice must state the date the check was written, the person to whom the check was made payable, bank fees, mailing costs, the amount of the check and the date by which payment should be made.   A person is presumed to have knowledge of dishonor at the time the check was issued if his check is refused payment and he fails to pay the check with all costs and protest fess within 8 days after receipt of notice of dishor.  (Comm. & Trade 57-2312.)

A person who knowingly passes a dishonored check may be subject to criminal penalties of imprisonment for not more than one (1) year, or fine of not more than $1,000, or both.   The Court may also order restitution in the amount of the check, together with a service charge not to exceed $5.00.  (Crime & Crime Proc. 13-2022.)

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