bad check from Hyla Stanton

A person who issues a bad check is liable for civil penalty if the holder of such check gives notice to that person that the check has been dishonored, and he did not pay the check within twelve days from the date of the notice. The penalty may include twice the amount of the check, or the sum of $50.00, whichever is greater, plus costs and attorney fees as the court may allow on the basis of time and effort expended by such attorney on behalf of plaintiff (ARS 12-671.) In addition, such person may be required to pay the holder or payee of a dishonored check a service fee of not more than twenty-five dollars 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. (ARS 44-6852.)

Notice may be actual notice or notice in writing, sent by registered mail with return receipt requested and addressed to the
issuer at the issuer's address shown on the check, the records of the bank or other drawee or the records of the person to whom the check is issued or passed. The form of notice shall be substantially as follows: (ARS 13-1808.)


Notice of dishonored check Date:_______________________________________
Name of issuer:_______________________________
Street address:________________________________
City and state:________________________________

You are, according to law, hereby notified that a check or instrument numbered ________, dated ________, 19________,
drawn on ______________________ in the amount of ____________________ (bank or other drawee) and payable to ___________________________ has been dishonored.

Pursuant to Arizona law, you have twelve days from receipt of this notice to pay or tender to _____________________ the
(holder) full amount of the check or instrument, together with all reasonable costs and protest fees of ___________, the total amount due being __________________. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the county attorney for criminal prosecution.


Review Arizona Revised Statutes here. Always discuss actual cases with your actual legal advisor or legal department. The Arizona Bar Association is linked here.

Section 332.50 of the Minnesota Statutes 1997 provides that whoever issues any check that is dishonored is liable for the following penalties:

(a) A service charge of up to $20, or actual costs of collection not to exceed $30, may be imposed immediately on any
dishonored 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. Only one service charge may be imposed under this paragraph for each dishonored check.

(b) If the amount of the dishonored check is not paid within 30 days after the payee or holder has mailed notice of
dishonor pursuant to section 609.535 and a description of the penalties contained in this subdivision, whoever issued the
dishonored check is liable to the payee or holder of the check for:

(1) the amount of the check, the service charge as provided in paragraph (a), plus a civil penalty of up to $100 or the
value of the check, whichever is greater. The civil penalty may not be imposed until 30 days following the mailing of the notice
of dishonor. A payee or holder of the check may make a written demand for payment of the civil liability by sending a copy of this section and a description of the liability contained in this section to the issuer's last known address. Notice as
provided in paragraph (a) must also include notification that additional civil penalties will be imposed for dishonored checks
for nonpayment after 30 days;

(2) interest at the rate payable on judgments pursuant to section 549.09 on the face amount of the check from the date of dishonor; and

(3) reasonable attorney fees if the aggregate amount of dishonored checks issued by the issuer to all payees within a
six-month period is over $1,250.

Notice of nonpayment or dishonor that includes a citation to this section and section 609.535, and a description of the penalties contained in these sections, shall be sent by the payee or holder of the check to the drawer by certified mail, return receipt requested, or by regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check. The issuance of a check with an address printed or written on it is a representation by the drawer that the address is the correct address for receipt of mail concerning the check. Failure of the drawer to receive a regular or certified mail notice sent to that address is not a defense to liability under this section, if the drawer has had actual notice for 30 days that the check has been dishonored.

An affidavit of service by mailing shall be retained by the payee or holder of the check.