Idaho Notice of Bad Check or NSF Check - Civil Laws
This is a Notice of Bad Check or NSF Check - Civil. A "dishonored check" (also known as a "bounced check" or "bad check") is a Bad Check or NSF check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the Bad Check or NSF check. In order to attempt the greatest possible recovery on a Bad Check or NSF check, the business owner, or any other person given a Bad Check or NSF check, may be required by state law to notify the debtor that the Bad Check or NSF check was dishonored.
Idaho Bad Check Law Summary - Idaho Notice of Bad Check or NSF Check - Civil Laws
Idaho Bad Check Law Summary
Notice of Bad Check or NSF Check
Note: This summary is not intended to be an all inclusive summary of the Idaho bad check laws, but does contain basic and other provisions.
Idaho Statutes
TITLE 28 - COMMERCIAL TRANSACTIONS
CHAPTER 22 - MONEY OF ACCOUNT AND INTEREST
28-22-105. bad check or NSF checks dishonored by nonacceptance or nonpayment;
Liability for interest; Collection costs and attorneys' fees.
Whenever a bad check or NSF 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 bad check or NSF check sends such
notice of dishonor as provided in section 28-22-106, Idaho Code, to the drawer
at his last known address, then if the bad check or NSF check does not provide
for the payment of interest, or collection costs and attorneys' fees, the drawer
of such bad check or NSF 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 bad
check or NSF check, whichever is the lesser; provided however, that if the
holder of the dishonored bad check or NSF 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 bad check or NSF 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 bad
check or NSF check, but the set fee may not exceed twenty dollars ($20.00). In
addition, in the event of court action on the bad check or NSF check, the court,
after such notice and the expiration of said fifteen (15) days, shall award
reasonable attorneys' fees as part of the damages payable to the holder of the
bad check or NSF check. No attorneys' 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 bad check or NSF check which has been dishonored
by reason of any justifiable stop payment order.
28-22-106. Statutory form for notice of dishonor.
The notice of dishonor shall be sent by certified mail to the drawer at his last
known address the Bad Check or NSF Check notice as required by Idaho Bad Check
Laws.