New Jersey 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.
New Jersey Bad Check Law Summary - New Jersey Notice of Bad Check or NSF Check - Civil Laws
New Jersey 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 New Jersey bad check laws, but does contain basic and other provisions.
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 6 SPECIFIC CIVIL ACTIONS
CHAPTER 32A. CIVIL ACTIONS FOR DISHONORED bad check or NSF checkS.
2A:32A-1. Civil action for bad bad check or NSF checks
1. a. Notwithstanding N.J.S.2C:21-5, or any other criminal sanction which may
apply, any person who makes any bad check or NSF check, draft, or order of
withdrawal for the payment of money which is subsequently dishonored for lack of
funds or credit to pay, or because the maker does not have an account with the
drawee, and who then fails to pay the face amount in cash or by cashier's or
certified bad check or NSF check within 35 days after the date a demand for
payment of dishonored bad check or NSF check notice was mailed by or on behalf
of a payee by certified mail to the maker's last known address, shall be liable
to the payee, in addition to the amount owing upon the bad check or NSF check,
draft or order, for attorneys' fees, court costs and the costs of mailing the
written demand for payment and for damages in an amount equal to $100 or triple
the amount for which the bad check or NSF check, draft or order is drawn or
made, whichever is greater. However, damages recovered under this section shall
not exceed by more than $500 the amount of the bad check or NSF check, draft or
order.
For purposes of this section, "date" means the date indicated on the form
registering the demand notice as certified mail.
b. A cause of action under this section may be brought in any court of competent
jurisdiction. Prior to the hearing of any action under this section, the
defendant may tender to the plaintiff and the plaintiff shall accept as
satisfaction of the claim, an amount of money equal to the sum of the face
amount of the bad check or NSF check, draft, or order and the incurred
attorneys' fees, court costs and costs of mailing the written demand for
payment.
c. The written demand for payment required by this section shall be in the
following form and shall be printed in both the English and Spanish languages:
d. If the court or jury determines that the failure of the defendant to satisfy
the dishonored bad check or NSF check was due to economic hardship, the court or
jury may waive all or part of the statutory damages. However, if the court or
jury waives all or part of
the statutory damages, the court shall render judgment against the defendant in
the amount of the dishonored bad check or NSF check plus incurred attorneys'
fees, court costs and costs of mailing the written demand for payment.