Dishonored Check Demand Letter

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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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