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PENALTY UPON CONVICTION: Generally the issuing of a worthless check for $150 or more for services or merchandise is a Third Degree Felony and if convicted the maker of the check could receive up to 5 years in prison and/or $5,000 fine.

The bank will bounce or return these checks instead of depositing the money in your business bank account. The bank may charge the payer a bounced check fee. And, the bank might also charge your business for depositing a bad check. Bounced checks are also called non-sufficient funds checks (NSF checks).

You should send the writer of the check a notice, by certified or registered mail with a return receipt requested or by First Class U.S. Mail with an Affidavit of Service, giving them fifteen (15) days from the receipt of your letter in order to pay you the face amount of the check, plus a service charge of $25.00 (if ...

Your check was dated [date of check] and was drawn on the [name of bank]. The account was in the name of [name on account holder]. Your bank returned the check to us due to insufficient funds (or because the account was closed). You must make payment to us immediately to avoid legal action.

If you are the victim of a worthless check but the State Attorney cannot pursue the matter by prosecuting the crime, filing a civil suit in small claims court may be your best option. You should contact the Clerk of the Court for the county in which you accepted the check and he or she will assist you in the process.

The Demand Letter Your demand letter must request that you be paid the full amount of the check, any bank fees and the cost of mailing the demand. It also tells the person who gave you the bad check, that if they do not pay within 30 days of your mailing the demand letter, you can sue for the check plus damages.