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Bad check damages in California

by Stan Burman

Bad check damages in California are the topic of this blog post.

Bad check damages in California are authorized pursuant to the provisions of Civil Code section 1719 which authorizes damages for bad checks which include the recovery of three times the amount of damages for any check returned for insufficient funds up to a maximum of $1,500.00.

However in order to be entitled to the additional bad check damages in California you must strictly comply with the provisions of Civil Code section 1719.

Legal requirements for bad check damages in California.

Civil Code section 1719 requires that a written demand be sent to the person who wrote the check (known as the Payor) by certified mail. The demand letter must allow the person 30 days to pay the amount of the bad check, a service charge of $25.00 for the first check and $35.00 for each additional check, and the cost of sending the written demand. If the Payor pays those fees within the 30 days they owe nothing further.

However, if the Payor who wrote the bad check fails to pay the amounts required within the 30 days the other party may file a lawsuit, including in Small Claims Court if applicable, to receive a judgment against the Payor.

Civil Code section 1719(e) states in pertinent party that, “A cause of action under this section may be brought in small claims court by the original payee, if it does not exceed the jurisdiction of that court, or in any other appropriate court.”

The damages are specified in Civil Code section 1719(a)(2)(C) which states in pertinent part that the Payor must pay, “the amount of the check, minus any partial payments made toward the amount of the check or the service charge within 30 days of the written demand, and damages equal to treble that amount, which shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500)."

The advantage of using section 1719 is that it makes it worthwhile for someone who is attempting to collect even a smaller check to file a lawsuit to obtain a judgment against the Payor.

Note that Civil Code section 1719 (j)(1) states in pertinent part that, the payor is “liable for damages and costs only if all of the requirements of this section have been satisfied.” Failing to serve the demand by certified mail or not waiting the entire 30 days before filing a lawsuit may result in the Court ruling that a party is not entitled to any additional damages.

Civil Code section 1719(h) states that, “The requirements of this section in regard to remedies are mandatory upon a court.” In other words the party filing the lawsuit is entitled to the treble damages as long as they have complied with all of the requirements of section 1719.

Attorneys or parties in California who would like to view or download a sample demand letter under Civil Code section 1719 created by the author can use the link shown below.

Sample Demand Letter Under Civil Code Section 1719 by Stan Burman on Scribd


The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.  For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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