Maryland 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.
Maryland Bad Check Law Summary - Maryland Notice of Bad Check or NSF Check - Civil Laws
Maryland 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 Maryland bad check laws, but does contain basic and other provisions.
Maryland Code
COMMERCIAL LAW
TITLE 15. Special Provisions Regarding Debt Collection.
Subtitle 8. Dishonored bad check or NSF checks and Other Instruments:
Collection.
§ 15-802 - Liability for dishonored bad check or NSF check; damages; defenses.
(a) Notice of dishonor. - When a bad check or NSF check or other instrument has
been dishonored by nonacceptance or nonpayment and has not been paid within 10
days, the holder to whom the bad check or NSF check or other instrument was
issued or negotiated may send a notice of dishonor to the maker or drawer as
provided under this section.
(b) Liability for dishonored bad check or NSF check or instrument; fines and
fees. - If a bad check or NSF check or other instrument has not been paid within
30 days after the holder has sent a notice of dishonor to the maker or drawer,
the maker or drawer of a bad check or NSF check or other instrument that has
been dishonored may be liable for:
(1) The amount of the bad check or NSF check or instrument;
(2) A collection fee of up to $25; and
(3) An amount up to 2 times the amount of the bad check or NSF check, but not
more than $1,000.
(c) Timing for damages sought; certificate of mailing. -
(1)
(i) The holder of a bad check or NSF check or other instrument that has been
dishonored may seek the damages provided under this section in any District
Court of the State 30 days after a notice of dishonor has been sent by mail to
the last known address of the maker or drawer.
(ii) The holder shall obtain a certificate of mailing from the U.S. Postal
Service for each notice sent by the holder under subparagraph (i) of this
paragraph.
(2) A notice of dishonor sent by a holder under this section to a maker or
drawer of a dishonored bad check or NSF check or other instrument shall
substantially comply with the form prescribed in § 15-803 of this subtitle.
(d) When damages prohibited. - A holder may not recover any damages under
subsection (b) (3) of this section if:
(1) The holder has demanded of, and received from, the maker or drawer:
(i) Collection costs in excess of the collection fee provided under subsection
(b) (2) of this section; or
(ii) Collection costs within 30 days after the mailing of the notice of
dishonor, under subsection (c) of this section; or
(2) The dishonored bad check or NSF check or other instrument provides for the
payment of collection costs in the event of dishonor.
(e) Defenses. -
(1) It shall be a complete defense to any action brought under this section by
any holder of a dishonored bad check or NSF check or other instrument that,
within 30 days from the mailing of the notice of dishonor, the maker or drawer
has paid to the holder the full amount of the bad check or NSF check or other
instrument and collection costs of not more than $25.
(2) It shall be a complete defense to any action brought under this section by a
holder to whom a dishonored bad check or NSF check or other instrument was
issued that the dishonor of the bad check or NSF check or other instrument was
due to a justifiable stop payment order or to the attachment of the account.
(3) In any action brought under this section by a holder or holder in due course
to whom a dishonored bad check or NSF check or other instrument was negotiated,
the action is subject to all valid defenses that may be raised by the maker or
drawer against the holder or holder in due course under Title 3 of this article.
§ 15-803 - Notice of dishonored bad check or NSF check; required contents;
notice of liability.
(a) Form for notice of dishonor; penalties. - A notice of dishonor sent by a
holder to a maker or drawer under § 15-802 of this subtitle shall substantially
comply with the following form:
(b) Location of notice of liability and criminal penalties. - The holder to whom
a bad check or NSF check or other instrument is issued or negotiated may post a
clearly conspicuous notice at or near the point of receipt stating the liability
of the maker or drawer for the collection fee and damages provided in § 15-802
of this subtitle and criminal penalties provided in Article 27, § 143 of the
Code.