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Dishonored Check Demand Letter

A well-drafted Dishonored Check Letter will:

  • Let the alleged offender know who you are
  • Describe the Dishonored Check
  • Demand an immediate payment
  • Describe your rights under the law
  • Provide a deadline

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Information & Benefits:
The following information and benefits is what distinguishes us from other online providers.

Summary

You will inevitably receive a dishonored or "bad check." When your customer has an active account but there's not enough in it to cover the check he wrote to you, a bank will return the deposited check to you with the notation "insufficient funds" or "NSF," which means the same thing. Alternatively, the bank may inform you that the account has been closed.

The Statutory Mandates

A majority of states including California, Florida, Illinois, and New York have bad-check laws that are particularly favorable to businesses. In such states, if you send a written demand for payment, you may be able to collect extra damages in court (often two or three times the value of the check) if the check-writer doesn't come through.


The Demand

Send a certified letter return receipt requested demanding payment. This sets the stage for a possible criminal prosecution if the check-writer intentionally attempted to defraud you. For example, Florida law gives the writer of the bad check seven days from receipt of your demand letter to pay the full amount of said check plus a service charge or an amount of up to 5% of the face amount of the check, whichever is greater. Unless this amount is paid in full within the time specified, the holder of such check may, in addition to filing a civil lawsuit, turn over the dishonored check and all other available information relating to the incident to the state attorney for criminal prosecution.


The Conclusion

This paragraph usually gives a deadline to cure the breach and stresses the fact that a lawsuit will be filed if payment is not received within the stated deadline and that they may be additionally liable in a civil action for double or triple the amount of the check, together with the amount of the check, service charges, court costs, reasonable attorney fees and incurred bank fees, as may be provided by your state's laws.

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Our Office

Miami

1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney

New York City

1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Nicolas Spigner, Esq.
Managing Attorney

Clifton, NJ

642 Broad St., Suite 1B
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Sandy A. Adelstein
Managing Attorney

Los Angeles

8939 S Sepulveda Blvd.
Suite 400
Los Angeles, CA 90045
Toll Free: (888) 520-7800
(310) 258-9700
Fax: (310) 258-9400
Nicolas Spigner, Esq.
Managing Attorney

Delaware

9 East Loockerman Street
Suite 202
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney

Las Vegas

2545 Chandler Avenue
Suite 4
Las Vegas, NV 89120
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Joel S. Beck, Esq.
Managing Attorney

Chicago

Continental Office Plaza, Suite L12
2340 Des Plaines River Road
Des Plaines, IL 60018
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Michael C. Welchko, Esq.
Managing Attorney

General Counsel Club®

Unlimited Legal & Business Advice
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Toll Free: 1 (800) 734 - 9900
Fax: 1 (800) 520 - 7800
ClubAssist@AmeriLawyer.com
Natalia Utrera, Esq.,
Managing Attorney

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