The maximum bounced check fee varies by state but is typically $20 to $50. Even if there is no limit to the maximum bounced check fee, state law requires that all provisions of a lease agreement be reasonable.
| State | Maximum Bounced Check Fee |
|---|---|
| Alabama | $30 or actual bank fees (whichever is greater) |
| Alaska | $30 |
| Arizona | $25 + actual bank fees |
| Arkansas | $30 + actual bank fees within first 15 days |
| California | $25 for first check $35 for each additional check |
| Colorado | $20 |
| Connecticut | $20 |
| Delaware | $40 unless otherwise agreed in a valid writing |
| Florida | $25 (checks < $50) $30 (checks for $50 to $300) $40 or 5%, whichever is higher (checks > $300) |
| Georgia | $30 or 5% of the check (whichever is greater) + actual bank fees |
| Hawaii | $30 |
| Idaho | $20, plus interest at a yearly rate of 12% from the date of dishonor |
| Illinois | $30 or all costs incurred from collection, whichever is greater |
| Indiana | $25 |
| Iowa | $30 (only if explicitly and conspicuously disclosed) |
| Kansas | $30 |
| Kentucky | $50 |
| Louisiana | $25 or 5% of the check (whichever is greater, and only if explicitly and conspicuously disclosed) |
| Maine | Court costs + processing charges, including interest at a 12% yearly rate from date of dishonor |
| Maryland | $35 (if paid within 30 days) |
| Massachusetts | $25 (or 1% of total check value, for checks over $2500 value) |
| Michigan | $25 (if paid within 7 business days) $35 (if paid after 7 business days but within 30 days) $250 plus damages (after 30 days) |
| Minnesota | $30 (only if explicitly and conspicuously disclosed) |
| Mississippi | $40 |
| Missouri | $25 + actual bank fees |
| Montana | $30 |
| Nebraska | $10 + actual bank fees |
| Nevada | $25 |
| New Hampshire | $25, unless more is authorized by express written agreement |
| New Jersey | No statute before 35 days past due; afterward, up to $500 plus costs |
| New Mexico | No statute before 10 days past due; afterward, $100-$500 |
| New York | $20 |
| North Carolina | $35 |
| North Dakota | $40 |
| Ohio | $30 or 10% of the check’s face value (whichever is greater) |
| Oklahoma | $25 (indirectly, through the Bogus Check Restitution Program) |
| Oregon | $35 + actual bank fees |
| Pennsylvania | $50 (unless the actual cost is higher) |
| Rhode Island | $25 (in a civil claim) |
| South Carolina | $30 |
| South Dakota | $60 |
| Tennessee | $30 |
| Texas | $30 |
| Utah | $20 if paid within 15 days of mailed notice; otherwise, $55 |
| Vermont | No statute, so “reasonable” fees allowed |
| Virginia | $50 |
| Washington | $40 + interest up to 12% yearly rate |
| Washington D.C. | $15, only for rent-stabilized property |
| West Virginia | $25 |
| Wisconsin | “All reasonable costs and expenses in connection with the collection” (state default is $15) |
| Wyoming | $30 |
What is a Reasonable Bounced Check Fee?
“Reasonable,” as a legal term, means the standard depends on individual circumstances, case by case. In places where there is no statute for bounced checks, a “reasonable” bounced check fee is one which reflects the real costs involved in a dishonored transaction.
Based on existing state laws, $20 to $40 is in most cases a reasonable amount to charge for a bounced check (most states do not allow a check fee of $50 or more). Determining a fee based on actual costs will also be held reasonable by almost all courts.
Sources
- 1 Ala. Code § 8-8-15
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(a) Any lender of money, extender of other credit, or merchant making a sale of merchandise, goods, or services, or the assignee of the lender, extender of credit, or merchant who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, other extension of credit, or a sale of merchandise, goods, or services may, if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from the borrower, person to whom the credit was extended, or from whom the instrument was received, a bad check charge of not more than the greater of either twenty-five dollars ($25) or an amount equal to the actual charge by the depository institution for the return of unpaid or dishonored instruments.
(b) Commencing January 1, 1999, the bad check charge in subsection (a) shall increase by one dollar ($1) per year through January 1, 2003, at which time the maximum bad check charge shall be thirty dollars ($30).
Charges imposed in connection with the dishonor of a negotiable instrument shall not be deemed interest finance or other charge made as an incident to or as a condition to the grant of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit as provided in this section or in any other law of this state.
Source Link - 2 Alaska Stat. § 09.68.115(a)
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In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
(1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and
(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.
Source Link - 3 Ariz. Rev. Stat. § 44-6852
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Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.
Source Link - 4 Ark. Code § 4-60-103
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(a) A person who issues a check that is not paid because the check was written on an account with insufficient funds has fifteen (15) days following the date of a written demand mailed or delivered to the drawer of the check at the address shown on the check or his or her last known address to pay to the holder of the check or his or her agent the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check’s not being honored.
(b)(1) A person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check’s not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for:
(A) Twice the amount of the check, but in no case less than fifty dollars ($50.00); and
(B) A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check’s not being honored.
(2) The prevailing party may recover court costs and reasonable attorney’s fees after suit has been filed.
Source Link - 5 Cal. Civ. Code § 1719(a)(1)
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Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for the amount of the check and a service charge payable to the payee for an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check to that payee passed on insufficient funds.
Source Link - 6 Colo. Rev. Stat. § 13-21-109(1)
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Any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction as defined in section 5-1-301 by means of making any check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation that is not paid upon its presentment, is liable to the holder of the check, draft, or order or any assignee for collection for one of the following amounts, at the option of the holder or assignee:
(a) The face amount of the check, draft, or order plus actual damages determined in accordance with the provisions of the “Uniform Commercial Code”, title 4, C.R.S.; or
(b) An amount equal to the face amount of the check, draft, or order and:
(I) The amount of any reasonable posted or contractual charge not exceeding twenty dollars; and
(II) If the check, draft, or order has been assigned for collection to a person licensed as a collection agency pursuant to article 16 of title 5 as costs of collection, twenty percent of the face amount of the check, draft, or order but not less than twenty dollars; or
(c) An amount as provided in subsection (2) of this section.
Source Link - 7 Conn. Gen. Stat. § 52-565a(i)
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Notwithstanding the provisions of this section, in the case of a drawer who negotiates a check which is dishonored, the payee or its assignee may impose on the drawer a service charge of up to twenty dollars, provided, no such service charge may be imposed if (1) the drawer has stopped payment on the check, (2) the check was stolen, or (3) the drawer has raised a reasonable defense with respect to the validity of the underlying debt. The drawer shall not be liable under this subsection for more than one such service charge for each dishonored check.
Source Link - 8 Del. Code tit. 6 § 1301A(a)
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In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for lack of funds or credit to pay the same, or because the drawer has no account with the drawee, the plaintiff may recover from the drawer the amount of the check, draft, or order, plus court costs, damages in the amount of $50 for the first instance of a dishonored check, draft, or order issued to the plaintiff by the drawer within 1 year; for a second or subsequent dishonored check, draft or order for the payment of money issued to the plaintiff by the drawer within 1 year of the issuance of a previous dishonored check, draft, or order, triple the amount of the check, draft or order; not to exceed $250, plus court costs, provided that:
(1) The plaintiff made written demand of the defendant for payment of the amount of the check, draft, or order not less than 30 days before commencing the action; and
(2) The defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount of the check, plus a fee of $40.
(b) Subsequent to the commencement of an action governed by this section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check, plus $40 and court costs.
(c) Nothing within this section shall be interpreted to prohibit the drawer of a check, draft, or order for the payment of money, and the payee of any of the foregoing, from agreeing in writing to terms that exceed the foregoing limits; provided, however, that no damages may be recovered under this section in any action for the repayment of any short-term consumer loan subject to the provisions of § 978 or § 2235A of Title 5; and
(d) The Justice of the Peace Court shall develop and produce appropriate forms and regulations to ensure efficiency in the application of this statute.
Source Link - 9 Fla. Stat. § 68.065(2)
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In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action…
Source Link - 10 Ga. Code § 13-6-15(b)
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The payee may charge the maker of the check, draft, or order a service charge not to exceed $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment…
Source Link - 11 Haw. Rev. Stat. § 490:3-506.5
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The payee or a holder in due course of any check, draft, or order for the payment of money that has been dishonored for lack of funds or credit to pay the check, draft, or order or because the maker has no account with the drawee shall be allowed to assess the maker a service charge of not more than $30.
Source Link - 12 Id. Code § 28-22-105
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Whenever a check, as defined in section 28-3-104, Idaho Code, has been dishonored by nonacceptance or nonpayment and has not been paid within fifteen (15) days and after the holder of such check sends such notice of dishonor as provided in section 28-22-106, Idaho Code, to the drawer, then if the check does not provide for the payment of interest, or collection costs and attorney’s fees, the drawer of such check shall also be liable for payment of interest at the rate of twelve percent (12%) per annum from the date of dishonor and cost of collection not to exceed twenty dollars ($20.00) or the face amount of the check, whichever is the lesser; provided however, that if the holder of the dishonored check has the right to collect a set fee under a written agreement or has notified the drawer by a posted notice at the point of sale that the drawer will be required to pay a set collection fee if the check is dishonored, the holder is not required to give the notice of dishonor as provided in section 28-22-106, Idaho Code, and may assess a collection cost of the notice amount regardless of the size of the check, but the set fee may not exceed twenty dollars ($20.00). In addition, in the event of court action on the check, the court, after such notice and the expiration of said fifteen (15) days, shall award reasonable attorney’s fees as part of the damages payable to the holder of the check. No attorney’s fees may be awarded to a collection agency in a proceeding pursuant to section 1-2301A, Idaho Code. The provisions of this section shall not apply to any check which has been dishonored by reason of any justifiable stop payment order.
Source Link - 13 810 ILCS 5/3-806
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Any person who issues a check or other draft that is not honored upon presentment because the drawer does not have an account with the drawee, or because the drawer does not have sufficient funds in his account, or because the drawer does not have sufficient credit with the drawee, shall be liable in the amount of $25, or for all costs and expenses, including reasonable attorney’s fees, incurred by any person in connection with the collection of the amount for which the check or other draft was written, whichever is greater, and shall be liable for interest upon the amount of the check or other draft at the rate provided in subsection (1) of Section 4 of the Interest Act. Costs and expenses shall include reasonable costs and expenses incurred in the nonlitigated collection of the check or other draft.
A person who undertakes a nonlitigated collection against the person who issued a check or other draft that is not honored upon presentment shall make a written demand by certified mail, return receipt requested, delivered to the last known address of that person in order to become eligible for any costs and expenses in excess of $25. The written demand shall demand payment within 30 days of the mailing of the demand and shall include notice of liability for the costs and expenses.
A fee or charge not to exceed $4.50 may be assessed to any person or owner of a commercial checking account or other similar commercial account where a check or other draft that is deposited into the account is dishonored upon presentment because of insufficient funds or because the drawer does not have an account with the drawee; provided, however, that, the limitation on the fee or charge specified in this paragraph does not apply to any fee or charge assessed to any bank or other depository institution or to any non-commercial checking account or other similar non-commercial account.
Source Link - 14 Ind. Code § 24-7-5-5.5
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A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the lessee.
Source Link - 15 Iowa Code § 554.35121
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1. The holder of a dishonored check, draft, or order may assess against the maker of that check, draft, or order a surcharge not to exceed thirty dollars.
2. The surcharge authorized by this section shall not be assessed unless the holder clearly and conspicuously posts a notice at the usual place of payment, or in the billing statement of the holder, stating that a surcharge will be assessed and the amount of the surcharge. However, the surcharge shall not be assessed against the maker if the reason for the dishonor of the check, draft, or order is that the maker has stopped payment pursuant to section 554.4403.
Source Link - 16 Kan. Stat. Ann. § 60-2610(g)
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The service charge on a check which is dishonored by the drawee because the maker or drawer had no deposits in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of each check, order or draft in full upon its presentation, shall not exceed $30.
Source Link - 17 Ky. Rev. Stat. § 514.040(4)(b)
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A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant’s posted bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.
Source Link - 18 La. Stat. tit. 9 § 2782(B)
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The payee, his agent or assignee, or a holder may charge the drawer of the check a service charge not to exceed twenty-five dollars or five percent of the face amount of the check, whichever is greater, when making written demand for payment. The payee shall post a notice indicating the amount to be charged a drawer of a check if the check is returned for nonsufficient funds. Such notice shall be posted on the payee’s business premises in a convenient and conspicuous place where persons entering the location will see it.
Source Link - 19 Me. Stat. tit. 14 § 6071(1)
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In any action against a person liable for a dishonored check, the holder may recover the amount of the check, the court costs and the processing charges incurred by the holder, plus interest at the rate of 12% per annum from the date of dishonor if:
A. The holder gives notice pursuant to section 6073 for payment of the check; and
B. The person liable fails to tender the amount of the check, plus bank fees and mailing costs, within 10 days of receiving the notice set forth in section 6073.
Source Link - 20 Md. Code, Com. § 15-802(b), (c)(1)(i), & (e)(1)
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(b) If a check or other instrument has not been paid within 30 days after the holder has sent a notice of dishonor to the maker or drawer, the maker or drawer of a check or other instrument that has been dishonored shall be liable for:
(1) The amount of the check or instrument;
(2) A collection fee of up to $35; and
(3) An amount up to 2 times the amount of the check, but not more than $1,000.
(c) (1) (i) The holder of a check or other instrument that has been dishonored may seek the damages provided under this section in the District Court of Maryland 30 days after a notice of dishonor has been sent by mail to the last known address of the maker or drawer.
…(e) (1) It shall be a complete defense to any action brought under this section by any holder of a dishonored check or other instrument that, within 30 days from the mailing of the notice of dishonor, the maker or drawer has paid to the holder the full amount of the check or other instrument and collection costs of not more than $35.
Source Link - 21 Mass. Gen. Laws ch. 60 § 57A
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If any check or electronic funds transfer in payment of any tax, interest, penalty, fee or other charge imposed under chapters 59 to 61A, inclusive, or chapter 80 or for any other municipal service rendered is not duly paid there may, in addition to any other penalties provided by law, be paid as a penalty by the person who tendered such check or electronic funds transfer, upon notice and demand by the city or town tax collector, in the same manner as the tax or other amount to which the check or electronic funds transfer relates, an amount equal to 1 per cent of the amount of such check or electronic funds transfer; provided, however, that if the amount of such check or electronic funds transfer is less than $2,500, the penalty under this section shall be $25. Any person upon whom such penalty is imposed may appeal to the city or town tax collector who shall abate the same if the tax collector determines that such person tendered such check or electronic funds transfer in good faith and with reasonable cause to believe that it would be paid.
Source Link - 22 Mich. Comp. L. § 600.2952(3) - (5)(3)
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The maker of a dishonored check, draft, or order for payment of money is liable to the payee as provided in subsection (4) if the maker fails to pay 1 of the following in cash to the payee or a designated agent of the payee after the mailing of a written demand for payment pursuant to subsection (2):
(a) Within 7 days, excluding weekends and holidays, after the date the written demand provided in subsection (2) is mailed, the full amount of the dishonored check, draft, or order, plus a processing fee of $25.00.
(b) Within 30 days after the date of the mailing of the notice provided in subsection (2), the full amount of the dishonored check, draft, or order, plus a processing fee of $35.00.
(4) Except as otherwise provided in subsection (5), a maker who fails to make payment pursuant to subsection (3) and who is found responsible for payment in a civil action is liable to the payee for payment of all of the following:
(a) The full amount of the check, draft, or order.
(b) Civil damages of 2 times the amount of the dishonored check, draft, or order or $100.00, whichever is greater.
(c) Costs of $250.00.(5) Subsection (4) does not apply if, before the trial of an action brought pursuant to this section, the maker pays to the payee or a designated agent of the payee, in cash, the total of the amounts described in subsection (3)(b), plus reasonable costs, not exceeding $250.00, as agreed to by the parties.
Source Link - 23 Minn. Stat. § 604.113(2)(a)
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A service charge, not to exceed $30, may be imposed immediately on any dishonored check by the payee or holder of the check, regardless of mailing a notice of dishonor, if notice of the service charge was conspicuously displayed on the premises when the check was issued.
Source Link - 24 Miss. Code § 97-19-57(1)
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As against the maker, drawer or payor thereof, the making, drawing, issuing, uttering, delivering, or initiation of a check, draft, order, electronically converted check, or electronic commercial debit payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker, drawer or payor shall not have paid the holder or payee thereof the amount due thereon, together with a service charge of Forty Dollars ($40.00), within fifteen (15) days after receiving notice that such check, draft, order, electronically converted check, or electronic commercial debit has not been paid by the drawee or payor’s bank.
Source Link - 25 Mo. Rev. Stat. § 570.120.6(2)
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…(2) If a check that is dishonored or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her agent or assignee, or a holder, may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument…
Source Link - 26 Mont. Code Ann. § 27-1-717(2)
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The person who issues the [dishonored] check, draft, converted check, electronic funds transfer, or order is liable to the payee or the payee’s assignee for a service charge in an amount not greater than $30.
Source Link - 27 Neb. Rev. Stat. §§ 28-611(5)
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Any person in violation of this section who makes voluntary restitution to the injured party for the value of the check, draft, assignment of funds, or order shall also pay ten dollars to the injured party and any reasonable handling fee imposed on the injured party by a financial institution.
Source Link - 28 Nev. Rev. Stat. § 597.960(1)
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A seller, or his or her agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his or her account or credit with the drawee to cover the amount of the check.
Source Link - 29 N.H. Rev. Stat. § 358-C:5(1)
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A creditor involved in a consumer credit transaction or a debt collector designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument may charge and receive a check collection charge of not more than $25, unless otherwise expressly authorized by written agreement with the consumer.
Source Link - 30 N.J. Stat. § 2A:32A-1(a)
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Notwithstanding N.J.S. 2C:21-5, or any other criminal sanction which may apply, any person who makes any check, draft, or order of withdrawal for the payment of money, or authorizes an electronic funds transfer, which is subsequently dishonored for lack of funds or credit to pay, or because the maker does not have an account with the drawee, and who then fails to pay the face amount in cash or by cashier’s or certified check within 35 days after the date a demand for payment of dishonored check notice was mailed by or on behalf of a payee by certified mail to the maker’s last known address, shall be liable to the payee, in addition to the amount owing upon the check, draft, order, or electronic funds transfer for attorneys’ fees, court costs and the costs of mailing the written demand for payment and for damages in an amount equal to $100 or triple the amount for which the check, draft, order, or electronic funds transfer is drawn or made, whichever is greater. However, damages recovered under this section shall not exceed by more than $500 the amount of the check, draft, order, or electronic funds transfer.For purposes of this section, “date” means the date indicated on the form registering the demand notice as certified mail.
Source Link - 31 N.M. Stat. § 56-14-1
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In any civil action against a person for drawing any worthless check, the plaintiff may recover from the defendant damages in the amount equal to one hundred dollars ($100) or triple the amount for which the check is drawn, whichever is greater; provided that damages recovered under this section shall not exceed the amount of the check by more than five hundred dollars ($500) and may be awarded only if:
(1) the plaintiff made written demand of the defendant for payment of the amount of the check not less than ten days before commencing action; and
(2) the defendant failed to tender to the plaintiff prior to the commencement of the action an amount of money not less than the amount demanded.
Source Link - 32 N.Y. Gen. Oblig. Law § 5-328(3)
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Notwithstanding any other provision of law, any person to whom a check, draft or like instrument, other than a money order, bank cashier’s check or certified check, is tendered for any transaction, other than a consumer transaction, may, if such instrument is dishonored charge or collect from the maker or drawer the amount of twenty dollars for the return of such unpaid or dishonored instrument.
Source Link - 33 N.C. Gen. Stat. § 25-3-506
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A person who accepts a check in payment for goods or services or the person’s assignee may charge and collect a processing fee, not to exceed thirty-five dollars ($35.00), for a check on which payment has been refused by the payor bank because of insufficient funds or because the drawer did not have an account at that bank.If a collection agency collects or seeks to collect on behalf of its principal a processing fee as specified in this section in addition to the sum payable of a check, the amount of the processing fee shall be separately stated on the collection notice. The collection agency shall not collect or seek to collect from the drawer any sum other than the actual amount of the returned check and the specified processing fee.
Source Link - 34 N.D. Cent. Code § 6-08-16(2)(c)
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If the person does not pay the instrument in full and any collection fees or costs not in excess of forty dollars within ten days from receipt of the notice of dishonor provided for in subsection 4, the holder of the check, draft, electronic funds transfer authorization, or order or the holder’s agent or representative is entitled to bring a civil action to recover a civil penalty. The civil penalty is payment to the holder of the instrument or the holder’s agent or representative the lesser of two hundred dollars or three times the amount of each instrument.
Source Link - 35 Ohio Rev. Code § 1319.16(A)
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If a collection agency has been designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason, the collection agency may charge and receive check collection charges of not more than thirty dollars or ten per cent of the face amount of the instrument, whichever is greater, and may charge and receive any charge imposed by a financial institution upon the holder of the check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason.
Source Link - 36 Okla. Stat. tit. 22 § 114(A) & (B)
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A. The district attorney may enter into a written restitution agreement with the defendant to defer prosecution on a false or bogus check for a period to be determined by the district attorney, not to exceed three (3) years, pending restitution being made to the victim of the bogus check as provided in this section.B. Each restitution agreement shall include a provision requiring the defendant to pay to the victim a Twenty-five Dollar ($25.00) fee and to the district attorney a fee equal to the amount which would have been assessed as court costs upon filing of the case in district court plus Twenty-five Dollars ($25.00) for each check covered by the restitution agreement; provided, every check in an amount of Fifty Dollars ($50.00) or more shall require a separate fee to be paid to the district attorney in an amount equal to the amount which would be assessed as court costs for the filing of a felony case in district court plus Twenty-five Dollars ($25.00). This money shall be deposited in a special fund with the county treasurer to be known as the “Bogus Check Restitution Program Fund”. This fund shall be used by the district attorney to defray any lawful expense of the district attorney’s office. The district attorney shall keep records of all monies deposited to and disbursed from this fund. The records of the fund shall be audited at the same time the records of county funds are audited.
Source Link - 37 Or. Rev. Stat. § 30.701(5)
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If a check is dishonored, the payee may collect from the maker a fee not to exceed $35.
Source Link - 38 18 Pa. Stat. § 4105(e)
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Upon conviction under this section the sentence shall include an order for the issuer or passer to reimburse the payee or such other party as the circumstances may indicate for:
(1) The face amount of the check.
(2) Interest at the legal rate on the face amount of the check from the date of dishonor by the drawee.
(3) A service charge if written notice of the service charge was conspicuously displayed on the payee’s premises when the check was issued. The service charge shall not exceed $50 unless the payee is charged fees in excess of $50 by financial institutions as a result of such bad check or similar sight order for the payment of money. If the payee is charged fees in excess of $50, then the service charge shall not exceed the actual amount of the fees.
Source Link - 39 R.I. Gen. Laws § 6-42-3
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(a) If a check, draft, or other instrument has not been paid within thirty (30) days after the holder has sent a notice of dishonor to the maker or drawer of a check, draft, or other instrument that has been dishonored, pursuant to §§ 6-42-1 and 6-42-2, the holder may seek the damages provided under this section in the district court and may at the holder’s election be in accordance with the procedure for small claims set forth in chapter 16 of title 10.
(b) The maker or drawer of a dishonored check or other instrument who fails to pay the amount demanded within thirty (30) days of the mailing of the notice of dishonor shall be liable to the holder for:
(1) The amount of the check or other instrument;
(2) A collection fee of twenty-five dollars ($25.00);
(3) An amount equal to three (3) times the amount of the check or instrument, but in no case less than two hundred dollars ($200) and in no case more than one thousand dollars ($1,000).
Source Link - 40 S.C. Code § 34-11-70(3)
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A service charge of not more thirty dollars is payable by the drawer of a draft, a check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of a then existing debt including, but not limited to, consumer credit transactions, and is dishonored. This service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to a presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument set forth in items (1) and (2).
Source Link - 41 S.D. Cod. L. § 57A-3-421
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If a merchant or place of business conspicuously posts a notice on its premises or if a merchant or place of business regularly extends credit and prints a notice on its customer statements of such size and location as to be conspicuous, stating that a fee will be assessed against returned checks, any person who issues a check or other draft to the merchant or place of business that is not honored for any of the following reasons upon presentment is liable for all reasonable costs and expenses of collection:
(1) The drawer’s account is closed;
(2) The drawer’s account does not have sufficient funds; or
(3) The drawer does not have sufficient credit with the drawee.The costs and expenses provided for in this section are reasonable if they do not exceed sixty dollars plus any applicable sales tax.
Source Link - 42 Tenn. Code § 47-29-102
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When any check, draft, or order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the financial institution, or the draft, check, or order has an incorrect or insufficient signature thereon, the payee of such check, draft, or order is authorized to assess a handling charge against such maker or drawer in an amount not to exceed thirty dollars ($30.00).
Source Link - 43 Tex. Bus. & Com. Code § 3.506(b)
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On return of a payment device to the holder following dishonor of the payment device by a payor, the holder, the holder’s assignee, agent, or representative, or any other person retained by the holder to seek collection of the face value of the dishonored payment device may charge the drawer or indorser a maximum processing fee of $30.
Source Link - 44 Utah Code § 7-15-1(2)(b) & (4)(2)(b)
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If an issuer of a check is liable under Subsection (2)(a), the issuer is liable for:
(i) the check amount; and
(ii) a service charge of $20.
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(4) If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable for:
(a) the amount owed under Subsection (2)(b); and
(b) collection costs not to exceed $35.
Source Link - 45 Va. Code § 55.1-1204(H)
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The landlord shall provide a copy of the signed written rental agreement and the statement of tenant rights and responsibilities to the tenant within 10 business days of the effective date of the written rental agreement. The failure of the landlord to deliver such a rental agreement and statement shall not affect the validity of the agreement. However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.The landlord shall provide the tenant with an additional hard copy of such tenant’s rental agreement once per year upon request or shall maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. Any additional electronic copy of a tenant’s rental agreement provided pursuant to this subsection shall be provided by the landlord at no charge to the tenant.
Source Link - 46 Wash. Rev. Code § 62A.3-515(a)
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If a check as defined in RCW 62A.3-104 is dishonored by nonacceptance or nonpayment, the payee or person entitled to enforce the check under RCW 62A.3-301 may collect a reasonable handling fee for each instrument. If the check is not paid within fifteen days and after the person entitled to enforce the check or the person’s agent sends a notice of dishonor as provided by RCW 62A.3-520 to the drawer at the drawer’s last known address, and if the instrument does not provide for the payment of interest or collection costs and attorneys’ fees, the drawer of the instrument is liable for payment of interest at the rate of twelve percent per annum from the date of dishonor, and cost of collection not to exceed forty dollars or the face amount of the check, whichever is less, payable to the person entitled to enforce the check. In addition, in the event of court action on the check, the court, after notice and the expiration of the fifteen days, shall award reasonable attorneys’ fees, and three times the face amount of the check or three hundred dollars, whichever is less, as part of the damages payable to the person enforcing the check. This section does not apply to an instrument that is dishonored by reason of a justifiable stop payment order.
Source Link - 47 D.C. Mun. Regs. tit. 14, r. 14-6207.1
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Tenants whose checks are returned for insufficient funds shall be assessed a fifteen dollars ($15) returned check fee, and shall be required to make payment within five (5) working days, from the date of the returned check notice, for the amount outstanding. This payment shall be in the form of a “money order” or “cashier’s check.”
Source Link - 48 W. Va. Code § 61-3-39e
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The payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit may send notice thereof to the drawer of the check, draft or order. The payee or holder of any dishonored check may impose a fee of up to twenty-five dollars a worthless check. This fee may not be imposed or collected after a complaint for warrant has been delivered to magistrate court. No payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit shall incur any civil or criminal liability for the sending of a notice substantially in the form provided herein, other provisions of law notwithstanding. The form of the notice shall be substantially as follows:
“You are hereby notified that a check, number ………………, issued by you on (date of check), drawn upon (name of bank), and payable to …………………………., has been dishonored. Pursuant to West Virginia law, you have ten days from the date of this notice to tender payment of the full amount of the check plus a fee of $………………… (not to exceed twenty-five dollars a worthless check) to the undersigned at ……………………… You are further notified that in the event the above amount is timely paid in full you will not be subject to legal proceedings, civil or criminal.
Dated ………………….., 20….
…………………………….
The provisions of this section do not authorize the making of any other written or oral threats of prosecution to enforce or enhance the collection or honoring of the dishonored check, draft or order.
The holder or payee of any check, draft or order shall relinquish the check, draft or order to the maker upon tender of the full amount due at any time before a complaint for warrant has been presented to magistrate court. In the event complaint for warrant has been presented to magistrate court, payment may be made only through the court and any holder or payee unlawfully accepting payment after that time shall be liable for all costs which may be imposed by the magistrate court in the matter, including all costs which may have accrued by the time the magistrate court is notified of the payment.
Source Link - 49 Wis. Stat. § 403.414(7)
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A person who issues a check or other draft that is not honored upon presentment, because the drawer does not have an account with the drawee or because the drawer does not have sufficient funds in his or her account or sufficient credit with the drawee, is liable for all reasonable costs and expenses in connection with the collection of the amount for which the check or draft was written, except recovery is not permitted under this section if a person licensed under s. 138.09 or 138.14 or any other person collected or could have collected a charge for that check or other draft under s. 422.202 (1) (d) or (2m).
Source Link - 50 Wis. Stat. § 422.202(1)
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In addition to the finance charge permitted by this subchapter, a merchant may bargain for and receive… With respect to a consumer credit transaction which is other than one pursuant to an open-end credit plan and which is entered into on or after May 17, 1988, a charge not to exceed $15 for each check presented for payment to a creditor which is returned unsatisfied because the drawer does not have an account with the drawee, does not have sufficient funds in his or her account or does not have sufficient credit with the drawee.
Source Link - 51 Wyo. Stat. § 1-1-115(a)
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Any person who issues a check which is not paid because the check has been dishonored for any reason has thirty (30) days following the date of a written demand mailed to the drawer of the check by United States postal service certificate of mailing at the address shown on the check or his last known address or personally served pursuant to the Wyoming Rules of Civil Procedure, to pay to the holder of the check the amount of the check and a collection fee not to exceed thirty dollars ($30.00). The demand shall state that the drawer is required to pay the value of the check and the collection fee demanded and shall state the collection fee provided for in this section.
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