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Oregon Bad Check Laws
Oregon 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.
Oregon Bad Check Law Summary - Oregon Notice of Bad Check or NSF Check - Civil
Laws
Oregon 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 Oregon
bad check laws, but does contain basic and other provisions.
TITLE 3 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter 30 ACTIONS AND SUITS IN PARTICULAR CASES
MISCELLANEOUS ACTIONS
30.701 Actions against maker of dishonored bad check or NSF check; statutory
damages and attorney fees; handling fee.
(1) In any action against a maker of a dishonored bad check or NSF check, a
payee may recover from the maker statutory damages in an amount equal to $100 or
triple the amount for which the bad check or NSF check is drawn, whichever is
greater. Statutory damages awarded under this subsection are in addition to the
amount for which the bad check or NSF check was drawn and may not exceed by more
than $500 the amount for which the bad check or NSF check was drawn. The court
shall allow reasonable attorney fees at trial and on appeal to the prevailing
party in an action on a dishonored bad check or NSF check and in any action on a
bad check or NSF check that is not paid because payment has been stopped. (2)
Statutory damages and attorney fees under subsection (1) of this section may be
awarded only if the payee made written demand of the maker of the bad check or
NSF check not less than 30 days before commencing the action and the maker
failed to tender to the payee before the commencement of the action an amount of
money not less than the amount for which the bad check or NSF check was drawn,
all interest that has accrued on the bad check or NSF check under ORS 82.010 as
of the date of demand and any charges imposed under subsection (5) of this
section.
(3) Statutory damages under subsection (1) of this section shall not be awarded
by the court if after the commencement of the action but before trial the
defendant tenders to the plaintiff an amount of money equal to the amount for
which the bad check or NSF check was drawn, all interest that has accrued on the
bad check or NSF check under ORS 82.010 as of the date of payment, any charges
imposed under subsection (5) of this section, costs and disbursements and the
plaintiff's reasonable attorney fees incurred as of the date of the tender.
(4) If the court or jury determines that the failure of the defendant to satisfy
the dishonored bad check or NSF check at the time demand was made under
subsection (2) of this section was due to economic hardship, the court or jury
has the discretion to waive all or part of the statutory damages provided for in
subsection (1) of this section. If all or part of the statutory damages are
waived under this subsection, judgment shall be entered in favor of the
plaintiff for the amount of the dishonored bad check or NSF check, all interest
that has accrued on the bad check or NSF check under ORS 82.010, any charges
imposed under subsection (5) of this section, the plaintiff's reasonable
attorney fees and costs and disbursements.
(5) If a bad check or NSF check is dishonored, the payee may collect from the
maker a reasonable fee representing the cost of handling and collecting on the
bad check or NSF check. The total fee for any single bad check or NSF check may
not exceed $25. Any award of statutory damages under subsection (1) of this
section must be reduced by the amount of any charges imposed under this
subsection that have been paid by the maker or that are entered as part of the
judgment.
(6) The provisions of this section apply only to a bad check or NSF check that
has been dishonored because of a lack of funds or credit to pay the bad check or
NSF check, because the maker has no account with the drawee or because the maker
has stopped payment on the bad check or NSF check without good cause. A
plaintiff is entitled to the remedies provided by this section without regard to
the reasons given by the drawee for dishonoring the bad check or NSF check.
(7) For the purposes of this section: (a) "bad check or NSF check" means a bad
check or NSF check, draft or order for the payment of money.
(b) "Drawee" has that meaning given in ORS 73.0103.
(c) "Payee" means a payee, holder or assignee of a bad check or NSF check.
Criminal Provisions
TITLE 16 CRIMES AND PUNISHMENTS
Chapter 165 OFFENSES INVOLVING FRAUD OR DECEPTION
165.065 Negotiating a bad bad check or NSF check.
(1) A person commits the crime of negotiating a bad bad check or NSF check if
the person makes, draws or utters a bad check or NSF check or similar sight
order for the payment of money, knowing that it will not be honored by the
drawee.
(2) For purposes of this section, unless the bad check or NSF check or order is
postdated, it is prima facie evidence of knowledge that the bad check or NSF
check or order would not be honored if: (a) The drawer has no account with the
drawee at the time the bad check or NSF check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon presentation within
30 days after the date of utterance, and the drawer fails to make good within 10
days after receiving notice of refusal. (3) Negotiating a bad bad check or NSF
check is: (a) A Class A misdemeanor, except as provided in paragraph (b) of this
subsection.
(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of
sentencing it is established beyond a reasonable doubt that the person has been
convicted in this state, within the preceding five years, of the crime of
negotiating a bad bad check or NSF check or of theft by deception by means of a
bad bad check or NSF check.
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