Return check collection

[G Daniel]

Texas

I had someone give me a check that has been returned NSF, I have been unable to get the person to make the check goo and to pay for the NSF fees. Therefore, I am ready to tak them to small claims court. My question is I have been told that there is a law that allows be to sue for two times the amount of the check if they do not respond within so many days of receiving notice of the return check by certified mail however, I have not been able to find this law or verbiage so I can quote it in my letter.

I have a a friend in Colorado that received a letter from a lawyer stating this law when he wrote a NSF check and that is how I became aware of it.

Thanks for any help that can be provided.

 

[Chien]

There are state laws in a number of states. There is no national law, if that's what you believed. These are civil laws and are in addition to criminal laws, where they exist. The provisions also change by state. For your friend, the penalty is twice the check amount after 30 days. In California, it's three times the check amount up to a maximum of $1,500 etc. etc.

A very quick review didn't reveal one in yours, but I encourage you to look further if you wish. The required language is dictated by statute, so do investigate to make sure. If you don't find it by searching online, using your state name and something like "dishonored check", a possible information source may be your District Attorney's office or Chamber of Commerce.