Notice of Dishonored Check - Civil - Keywords: bad check, bounced check - Spanish
Note: This summary is not intended to be an
all inclusive summary of the law of bad checks, but does contain basic
and other provisions.
CIVIL PROVISIONS
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 6 SPECIFIC CIVIL ACTIONS
CHAPTER 32A. CIVIL ACTIONS FOR DISHONORED CHECKS.
2A:32A-1. Civil action for bad checks
1.
a. Notwithstanding N.J.S.2C:21-5, or any other criminal
sanction which may apply, any person who makes any 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 check within 35 days after the date a
demand for payment of dishonored 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 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 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 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 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 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 check plus incurred attorneys'
fees, court costs and costs of mailing the written demand for payment.