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Indiana Bad Check Laws
Indiana 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.
Indiana Bad Check Law Summary - Indiana Notice of Bad Check or NSF Check - Civil
Laws
Indiana 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 Indiana
bad check laws, but does contain basic and other provisions.
Indiana Bad Check Laws
TITLE 26. - COMMERCIAL LAW
ARTICLE 2. - COMMERCIAL TRANSACTIONS
Chapter 7. - Penalties for Stopping Payments or Permitting Dishonor of bad check
or NSF checks
IC 26-2-7-1
Sec. 1. As used in this chapter, "bad check or NSF check" includes a draft.
IC 26-2-7-2
Sec. 2. As used in this chapter, "financial institution" has the meaning set
forth in IC 28-1-1-3.
IC 26-2-7-3
Sec. 3. For purposes of this chapter, notice that a bad check or NSF check has
not been paid by a financial institution is considered as having been given at
the time that the notice was deposited in the regular United States mail, if the
notice was addressed to either of the following:
(1) The address printed on the bad check or NSF check.
(2) The address given by the person in writing to the payee or holder at the
time the bad check or NSF check was issued or delivered.
IC 26-2-7-4
Sec. 4. Subject to section 8 of this chapter, a person found liable under other
applicable law is liable under this chapter to the holder of a bad check or NSF
check if the person executed and delivered the bad check or NSF check to another
person drawn on or payable at a financial institution and the person does either
of the following:
(1) Without valid legal cause stops payment on the bad check or NSF check.
(2) Allows the bad check or NSF check to be dishonored by a financial
institution because of any of the following:
(A) Lack of funds.
(B) Failure to have an account.
(C) Lack of an authorized signature of the drawer or a necessary endorser.
IC 26-2-7-5
Sec. 5. A person liable under section 4 of this chapter is also liable for all
of the following:
(1) Interest at the rate of eighteen percent (18%) per annum on the face amount
of the bad check or NSF check from the date of the bad check or NSF check's
execution until payment is made in full.
(2) Court costs incurred in prosecuting an action that may be brought by the
holder to collect on the bad check or NSF check.
(3) Reasonable attorney's fees incurred by the holder if the responsibility for
collection is referred to an attorney who is not a salaried employee of the
holder. If legal action is filed to effect collection and the collection on the
bad check or NSF check is referred to an attorney who is not a salaried employee
of the holder, the holder of the bad check or NSF check is entitled to minimum
attorney's fees of not less than one hundred dollars ($100).
(4) Actual travel expenses not otherwise reimbursed under subdivisions (1)
through (3) and incurred by the holder to do either of the following:
(A) Have the holder or an employee or agent of the holder file papers and attend
court proceedings related to the recovery of a judgment under this chapter.
(B) Provide witnesses to testify in court proceedings related to the recovery of
a judgment under this chapter.
(5) A reasonable amount to compensate the holder for time used to do either of
the following:
(A) File papers and attend court proceedings related to the recovery of a
judgment under this chapter.
(B) Travel to and from activities described in clause (A).
(6) Actual direct and indirect expenses incurred by the holder to compensate
employees and agents for time used to do either of the following:
(A) File papers and attend court proceedings related to the recovery of a
judgment under this section.
(B) Travel to and from activities described in clause (A).
(7) All other reasonable costs of collection.
IC 26-2-7-6
Sec. 6. (a) This section does not apply to a person who has allowed a bad check
or NSF check to be dishonored because of lack of funds if both of the following
apply:
(1) The person reasonably believed that there were sufficient funds in the
account to cover the bad check or NSF check.
(2) The insufficiency of funds is caused by the dishonoring of a third party bad
check or NSF check that had been deposited into the person's account.
(b) If a person liable under this chapter does not pay to the holder the full
amount of the bad check or NSF check not more than thirty (30) days after the
certified mailing of written notice that the bad check or NSF check has not been
paid, the person is liable for, and the court shall award judgment for, the
following, whichever applies:
(1) If the face amount of the bad check or NSF check is not greater than two
hundred fifty dollars ($250), three (3) times the face amount of the bad check
or NSF check.
(2) If the face amount of the bad check or NSF check is greater than two hundred
fifty dollars ($250), the face amount of the bad check or NSF check plus five
hundred dollars ($500).
IC 26-2-7-7
Sec. 7. A person must elect whether to pursue a claim either under this chapter
or under IC 34-24-3-1. [34-24-3-1 is a standard civil action for pecuniary loss
resulting from a crime.]
IC 26-2-7-8
Sec. 8. (a) A person who has allowed a bad check or NSF check to be dishonored
is not liable under this chapter if, not more than ten (10) days after the
holder has given notice that the bad check or NSF check has not been paid by the
financial institution, the person pays to the holder the full amount of the bad
check or NSF check.
(b) A payment made under subsection (a) is effective for all purposes as of the
date the payment is made.
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