Printing Industry Credit Bureau has compiled a state by state list, for clients and affiliates, to reference regarding NSF checks.
We have provided information regarding civil penalties, statute of limitations for executing your rights, and recipients obligations to recover funds/penalties. The information contained is not definitive as Federal, State, County, & City laws are subject to changes and amendments.
For information regarding a specific NSF check, or unpaid claim to your company, please contact PICB and take advantage of our vast collection of resources which include a nationwide network of attorneys.
We look forward to serving all of your credit and collection needs.
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| STATE | CIVIL PENALTIES | STATUTE OF LIMITATIONS FOR EXECUTING RIGHTS ON NSF CHECK | RECIPIENTS OBLIGATIONS TO RECOVER FUNDS/PENALTIES |
|---|---|---|---|
| Alabama | Greater of $10 or actual bank charges | Actions must be brought within 1 year of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Alaska | Greater of $100 or treble the amount of check (damages recovered under bad check law may not exceed the amount of the check by more than $1000) | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Arizona | Greater of $50 or twice the amount of the check in addition to costs of suit & reasonable attorneys' fees | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 12 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Arkansas | Greater of $50 or twice the amount of the check | Actions must be brought within 1 year of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| California | Amount due plus treble the amount owing, but in no case less than $100 or more than $1500 | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. Letter should include demand for the amount of the check, bank service fee's (if applicable), and the provisions of California Civil Code section 1719. If green card from certified request is returned do not open. |
| Colorado | Treble the amount owed, but in no case less than $100 | Actions must be brought within 2 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. If no response check can be referred to Colorado Check Enforcement Program |
| Connecticut | Amount of check plus lessor of: $750 or amount of check (if no bank account) or $400 or amount of check (if NSF) | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. A 2nd request must be sent if no response before being able to pursue. |
| Delaware | Amount due plus cost of suit and protest fees | Actions must be brought within 1 year of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. Certified notice should include request for $40 administrative fee and a $50 penalty fee. If green card from certified request is returned do not open. |
| Florida | Amount due plus cost of bank, court, & attorney fees not less than $50 and no more than $2500. | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Georgia | Double the amount owing on the check not to exceed $500 | Actions must be brought within 90 days of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Hawaii | Amount due plus cost of suit and protest fees | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Idaho | Greater of $100 or treble the amount of check, but not more than $500 greater than the amount of the check | Actions must be brought within 4 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Illinois | Treble the amount owed, but not less than $100 nor more than $500 plus attorney's fees and court costs | Actions must be brought within 3 years of NSF notification | Send 2 demand letters, 1 certified & 1 first class via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Indiana | Treble amount of check not to exceed $500 plus amount of the check, attorney's fees of not less than $100 and interest at 18% per annum. | Actions must be brought within 10 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Iowa | Treble amount of check not to exceed amount of check plus $500 | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Kansas | Amount due plus greater of treble the amount of check, not to exceed amount of check by more than $500, or $100 | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 7 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Kentucky | State does not have Civil Penalties (criminal penalties of up to $500/1 year in penitentiary for misdemeanor and $10,000/1-5 years in penitentiary or double the offender's gain from commission of the crime (whichever is greater) | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Louisiana | Twice the amount due but not less than $100 plus attorney's fees and court costs plus service charge not to exceed $15 or 5% of the amount of check (whichever is greater) | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Maine | Amount due plus court, service, collection, & processing charges | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Maryland | Twice the amount due but not more than $1000 | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Massachusetts | Amount due plus cost of suit and protest fees | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Michigan | Amount due plus twice the amount of the check or $100 (whichever is greater) with additional penalty of $250 | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Minnesota | Amount due plus $100 penalty & reasonable attorney fee's if check is over $1250 | Actions must be brought within 4 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 5 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Mississippi | Amount due plus additional 100% on checks up to $25,000, 50% (not to exceed $50 or fall below $25) on check $25 to $200, and 25% on checks over $200. | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Missouri | Greater of treble face amount owed or $100 (damages should not exceed $500) | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Montana | Service charge plus the greater of $100 or treble the amount of check (not to exceed the value of the check by more than $500) | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Nebraska | Amount due, costs, protest fees | Actions must be brought within 30 days of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Nevada | Amount due, protest fees, treble amount of check but not less than $100 nor more than $500 | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| New Hampshire | Amount due, interest, court costs, reasonable costs of collection & $10 per day (maximum $50) | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 14 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| New Jersey | Amount due plus attorney, court, and mailing costs equal to $100 or triple the amount of the check (whichever is greater), but not to exceed $500 | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| New Mexico | Amount due plus $100 or treble the check amount (whichever is greater), but not to exceed $500 | Actions must be brought within 4 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| New York | Amount due plus twice the amount of the check up to $750 | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| North Carolina | Lesser of $500 or treble amount owing on check, but not less than $100 | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| North Dakota | Amount due, collection fees not to exceed $25 plus $200 or treble amount of check, whichever is less | Actions must be brought within 4 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 14 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Ohio | The greater of $200 or treble amount of check plus attorney fees (no maximum) | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Oklahoma | State does not have Civil Penalties (criminal penalties of up to $1000/1 year in penitentiary for misdemeanor (check under $500) and up to 10 years in a penitentiary for felony charges | Actions must be brought within 5 years of NSF notification | Certified demand is not required. Only financial institution is required to notify check writer of NSF. |
| Oregon | $100 or treble amount of check, whichever is greater, not to exceed $500 above amount of check | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Pennsylvania | $100 or treble amount of check, whichever is greater, not to exceed $500 above amount of check | Actions must be brought within 2 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Rhode Island | Amount due plus fee of $25, plus treble amount of check, but not less than $200 or more than $1000 | Actions must be brought within 10 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| South Carolina | Amount due plus lesser of $500 or treble the amount of check | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| South Dakota | Twice the amount due | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Tennessee | Treble amount of check not to exceed $500 | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Texas | State does not have Civil Penalties, criminal penalties depend on check | Actions must be brought within 2 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Utah | Amount due, interest, collection, court, & reasonable attorneys' fees. | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Vermont | Amount due plus court costs, attorneys' fees, and additional penalties of $50 | Actions must be brought within 4 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 10 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Virginia | Lesser of $100 or treble amount of check (any NSF check over $200 is considered a felony) | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Washington | Lesser of reasonable attorneys' fees & treble face of check or $100 | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 15 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Washington D.C. | Amount due, protest fees | Actions must be brought within 2 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 5 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| West Virginia | Amount due, service charge not to exceed $10 (felony charges for NSF checks written over $200) | Actions must be brought within 5 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 5 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Wisconsin | Amount due plus actual damages & exemplary damages not to exceed treble amount of check | Actions must be brought within 6 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 20 business days from receipt of notice to pay in full. If green card from certified request is returned do not open. |
| Wyoming | Amount due plus collection costs & reasonable attorneys' fees. | Actions must be brought within 3 years of NSF notification | Send certified notice via U.S. Mail to address on the check giving check writer 30 days from receipt of notice to pay in full. If green card from certified request is returned do not open. |