NSF Check Laws, Bad Check Collections:
Civil & Criminal Penalties by State

Businesses lose hundreds of thousands of dollars annually because of NSF (insufficient or non-sufficient funds) checks. One has to factor in the additional time, frustration and resources to go after these offenders and their fraud.

Read how cost-effective a check guarantee service can solve your business' problem with bounced checks

States have enacted both civil and criminal remedies to help combat this.

Listed below are the NSF check laws, with both civil and criminal penalties by state. Also, learn more important information about bad check laws here.

DebtCollectionSteps.com is providing this for informational purposes only, and we make no claims of accuracy. We advise that you consult with legal counsel in your state, as we are not attorneys, and laws can vary in the states.

Alabama- Greater of $10 or the actual bank charges.

Alaska- Bidder can recover damages in an amount equal to $100 or three times the amount, whichever is greater, except that damages recovered under bad check law may not exceed the amount of the check by more than $1000.

Arizona- Twice the amount of the check or $50, whichever is greater, costs of suit, and reasonable attorney's fees.

Arkansas- Amount due, service charge to not exceed $10. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not exceed $15; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no even less than $50.

California- Amount due, damages of three times the amount owed, but in no case less than $100 or more than $500.

Colorado- Three times the amount of such check and in no case less than $100, including reasonable fees.

Connecticut- Amount of check plus lessor of: if no bank account- $750 or amount of check; or if insufficient funds- $400 or amount of check. Statutory form of notice must be send at least two times. Statute doesn't apply to certain consumer services.

Delaware- Amount due, costs of suit, and protest fees.

D.C.- Amount due, protest fees.

Florida- If payment isn't made within 30 days after the demand, three times amount owed in addition to the amount owed together with bank and court costs, and reasonable attorney's fees, no less than $50 and not more than $2,500. If payment is made within 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to and from proceedings.

Georgia- Upon 30 days following certified written demand by payee to make, the maker shall be liable to the payee for damages of twice the amount owing on the check not to exceed $500 and service charge not to exceed $15.

Hawaii- Amount due, costs of suit, and protest fees.

Idaho- $100 or three times the amount of the check, whichever is greater, but not more than $500 greater than the amount of check.

Illinois- Three times the amount of check, but not less than $100, nor more than $100, nor more than $500 plus attorney's fees and court costs.

Indiana- Three times amount of check, but not less than $100, not to exceed $500 plus the amount of check, attorney's fees of not less than $100 and interest at 18% annually.

Iowa- Three times the amount of dishonored check, but not to exceed amount of check plus $500.

Kansas- Giver of worthless check is liable for the amount of check plus an amount equal to the greater of the following: (1) three times the amount of the check, but not exceeding the amount of the check by more than $500; or (2) $100.

Louisiana- Drawer of bad check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in two times the amount owing, but not less than $100.00 plus attorney's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

Maine- Amount due, court, service and collection costs; processing charges can be recovered only if statutory notice given, or payment within 10 days of notice.

Maryland- Amount due, $15 fee, and amount up to two times the amount of check, but not more than $1000. Holder may claim damages 30 days after mailing notice of bad check to last known address of maker or drawer.

Massachusetts- Amount due, plus costs of suit and protest fees.

Minnesota- Amount due, $100 penalty, interest (at judgment rate), reasonable attorney's fees if amount of check over $1,250, $15 service charge.

Mississippi- Amount due plus additional damages of 100% on checks up to $25,000, 50% (not to exceed $50 or fall below $25) on checks on $25 to $200, and 25% on checks over $200.

Missouri- Greater of three times the face amount owed or $100. Damages should not exceed $500.

Montana- $100 or three times the amount of check, but damages may not exceed $500.

Nebraska- Amount due, costs, and protest fees.

Nevada- Amount due, protest fees three times the amount of check, but not less than $100, nor more than $500.

New Hampshire- Amount due, interest, court costs, reasonable costs of collection, and $10/day (maximum $50). If check issued to city or town, amount due, $15 fee plus protest, bank and legal fees; if issued to a state agency, amount due, $5 fee plus protest and bank fees.

New Mexico- Amount due, costs of suit, protest fees.

New York- Face value of check, plus two times the amount of check, up to $750.

North Carolina- 30 days after written demand, lesser of $500 or three times owed on check, but not less than $100.

North Dakota- Amount due, collection fees not to exceed $10, and $100 or three times amount of check, whichever the lesser.

Oregon- When the issuer fails to pay the amount due after written demand has been made, payee may recover damages in an amount equal to $100 or three times the amount of the original check amount, draft or order is drawn, whichever is the greater, provided the amount isn't greater than $500 over the due amount.

Pennsylvania- Upon written demand from issuer following conviction for passing a bad check and failure to make restitution, the issuer upon obtaining civil judgment is entitled to an amount equal to $100 or three times the amount for which the check is drawn, whichever is greater, not to exceed by more than $500 the value of the check.

Rhode Island- Amount of check plus fee of $25, plus amount up to three times amount of the check, but not less than $200 or more than $1000.

South Carolina- On top of other fines, payee shall pay all reasonable court costs, not to exceed $20 and if payment has not been made within 30 days, payee shall pay amount of check and damages, of the lesser of $500 or three times the amount of the check.

Tennessee- Three times the amount of the check, but not to exceed $500.

Utah- Amount due, interest and costs of collection, court costs and reasonable attorney's fees.

Vermont- Court costs, amount of check, attorney's fees, damage in amount of $50.

Virginia- Lesser of $100 or three times amount of the check.

Washington- Lesser of amount of check or interest at 12%, and cost of collection not to exceed $40. If court action is necessary after 15 days, lesser of reasonable attorney's fees and three times face amount of check or $100.

West Virginia- Amount due, service charge not to exceed $10.

Wisconsin- Amount of check plus actual damages and exemplary damages not to exceed three times face amount of check.

Wyoming- Amount due as well as damages equal to the cost of collection plus reasonable attorney's fees.

Alabama- Check of $500 or more, fine of not less than $500 nor more than $5000 orimprisonment up to 3 years, or both; under $500 check, fine depends on amount andoffense. Court shall also order restitution to plaintiff; defendant shall pay court costs ifconvicted.

Alaska- Issuing check for $25,000 or more, maximum fine of $50,000, imprisonment upto 10 years, or both. Issuing check for $500 or more, up to $25,000, maximum fine of$50,000, imprisonment up to 5 years, or both. Issuing check for $50 or more, up to$500, maximum of $5000, imprisonment up to one year, or both. Issuing check under$50, maximum fine of $1000, imprisonment up to 90 days, or both.

Arizona- Up to six months in jail or up to $300 or both if under $25; up to five years instate prison or up to one year in county jail or up to $500 fine or both if between $25and $100; up to five years in state prison if over $100 or if no account.

Arkansas- Checks of $200 or less for first conviction fine of not less than $50 nor morethan $500 or imprisonment up to 30 days or both; second offense fine of not less than$100 nor more than $1000 or imprisonment up to 90 days or both; third and subsequentoffenses fine of not less than $200 nor more than $2000 or imprisonment up to oneyear or both.When more than one check is involved and such checks were drawn within 90 days ofeach other and each is an amount less than $200, the amount of such separate checksmay be added together to arrive at and be punishable under the $200 or more amountto which this category refers.

Checks for $500 involve a fine not exceeding $10,000 or imprisonment up to 10 years or both.

California- Where amount is less than $200 an is first offense, up to one year in county jail.

Colorado- Misdemeanor - imprisonment in county jail for not less than three monthsnor more than 12 months or by fine of not less than $250 nor more than $1,000 or both.Felony - imprisonment in state penitentiary for not less than one year nor more than 5years or by fine of not less than $1,000 nor more than $15,000 or both. If twicepreviously convicted, punishment is imprisonment in state penitentiary for not less thanone year and not more than 10 years or fine of not less than $2,000 nor more than$30,000 or both.

Connecticut- Up to $1,000 fine or one year in jail or both.

Delaware- Misdemeanor - up to 2 years in jail, $1,000 fine, or both. Person whoissued check must make restitution to person to whom check was issued. Felony - up toseven years and such fine as court may order.

D.C.- Up to three years imprisonment and $3,000 fine or both.

Florida- Felony - up to 5 years in prison or $1,000 fine. Misdemeanor - up to $300 or six months in jail.

Georgia- Check for less than $100, fine of not more than $500 or imprisonment not toexceed 12 months or both. A bad check for $100 or more but less than $300, fine ofnot more than $1,000 or imprisonment not to exceed 12 months or both. Uponconviction defendant required to make restitution of the amount of the check togetherwith all costs, which are presumed to be $20.When more than one check is involved and such checks were drawn within 90 days ofeach other and each is in an amount less than $100, the amounts of such separatechecks may be added together to arrive at and be punishable as above.

Check for $500 or more; a fine of not less than $500 nor more than $5,000 or byimprisonment for up to three years, or both.

Hawaii- Up to one year in jail or $1,000 fine or both.

Idaho- Fine or imprisonment or both as follows: If under $50, first offense - $300 andsix months; second offense - $1000 and one year; third offense, or if amount in excess of$50 - $5,000 and three years.

Illinois- Up to $500 fine or up to one year in jail, or both.

Indiana- Up to $5,000 fine or up to one year in jail, or both.

Iowa- Up to $100 fine or 30 days in jail for misdemeanor. Up to seven years inpenitentiary, or one year in jail or up to $500 fine, or both, for felony.

Kansas- Up to $2,500 fine or up to one year in jail or both. Up to $5,000 fine or one tofive years in jail or both.

Kentucky- Up to $500 fine. One year in penitentiary for a misdemeanor. Felonypunishable by imprisonment from one to five years and a fine of not more than$10,000, or double the offender's gain from commission of the crime, whichever is greater.

Louisiana- Check for under $100, imprisonment for not more than 6 months or fine ofnot more than $500 or both. A third or more such conviction, fine of not more than$1,000 or imprisonment for not more than 2 years or both. Check for $100 or more andless than $500, imprisonment for not more than 2 years or fine of not more than $2,000or both. Check for $500 or more, imprisonment for not more than 10 years or fine of notmore than $3,000 or both. In addition, the court may order as part of the sentencerestitution of the amount of the bad check plus reasonable attorneys' fees.

Maine- Up to $1,000 fine or 11 months in jail, or both.

Maryland- Misdemeanor - maximum fine $100 or imprisonment up to 60 days or both.Felony - maximum fine of $1,000, imprisonment up to 15 years, or both.

Massachusetts- Up to $300 fine or one year in jail. Up to $600 fine and up to 2 yearsin jail or up to 5 years in penitentiary.

Michigan- Up to $250 fine or six months in jail. Up to $500 fine or one year in jail.

Minnesota- Up to $700 fine, 90 days in jail or both for misdemeanor. Up to $3,000fine, or one year in jail or both for felony.

Mississippi- Checks under $100 - a fine of not less than $25 nor more than $500 orimprisonment in the county jail for not less than five days nor more than six months orboth. Upon conviction of second offense for check less than $100 a fine of not lessthan $50 nor more than $1,000 or imprisonment of not less than 30 days nor more thanone year. For the third offense a felony regardless of amount involved, imprisonment inthe state penitentiary for a term of not less than one year nor more than five years. Fora check of more than $100, deemed a felony, punishment of fine of not less than $100nor more than $1,000 or by imprisonment for a term of not more than three years or both.

Missouri- Up to $500 fine or six months in jail or both. Up to $1,000 fine or one year injail or both. In addition prosecutor can collect fee of $5 for checks less than $10, $10for checks - $10 - $100 and $25 for check of $100 or more.

Montana- Up to $500 fine or six months in jail, or both. Up to $50,000 fine or 10 yearsin penitentiary or both.

Nebraska- Obtaining property worth: More than $1,000 - Class 3 felony. More than$300 but less than $1,000 - Class 4 felony. Less than $75 - Class 2 misdemeanor; 2ndoffense - Class 4 felony. Issuing or passing a check of any amount - Class 2 misdemeanor.

Nevada- Up to six months in county jail or $500 fine, or both. State prison of one to 10 years or $10,000 fine or both.

New Hampshire- Up to $200 fine or up to one year in jail, or both.

New Jersey- Up to $1,000 fine or up to one year in jail or both.

New Mexico- Up to $1000 fine or 30 days in jail, or both. One to 3 years in jail, or up to $1,000, or both.

New York- Up to three months in jail, or up to $500, or up to double the amount of thedrawer's gain from the commission of the offense.

North Carolina- $50 - $500 or up to six months in jail. If check is less than $50 - $50fine or up to 30 days in jail. Over three convictions, up to one year. If check drawn onnon-existent account, fine not to exceed $1,000 or imprisonment for not more than 2years or both. If check drawn on account closed by drawer prior to time check drawn,fine not to exceed $400 or imprisonment for not more than 5 months or both.

North Dakota- $25 - $250 fine, or up to 3 months in county jail, or both. If no account- fine up to $500 and one year in jail.

Ohio- Misdemeanor: Up to 6 months in jail, $1,000 fine, or both. Felon: Up to 5 years,$2,500 fine, or both.

Oklahoma- Up to one year imprisonment or up to $1,000 fine or both. One to 10 yearsimprisonment or up to $5,000 fine.

Oregon- Misdemeanor: Up to $1,000 fine or up to one year in jail, or both. Felony:Imprisonment for not more than 5 years.

Pennsylvania- Up to $1,000 fine or up to 2 years in penitentiary, or both.

Rhode Island- Up to $500 fine, or up to one year imprisonment, or both. Up to $2,000fine, or up to 2 years imprisonment, or both.

South Carolina- Up to $2,000 fine or up to 10 years in jail, or both. In magistrate'scourt - first conviction, not less than $50, nor more than $250 or imprisonment of 30days; second or subsequent conviction, fine of $200 or imprisonment for 30 days.Conviction in court of General Sessions, first conviction fine not less than $300 normore than $2,000 or by imprisonment for not more than 2 years or both; for second ormore conviction, fine of not less than $500 or more than $2,000 or imprisonment for notless than 30 days or not more than 10 years.

South Dakota- First offense: a fine of not more than $100 or imprisonment for notmore than 30 days or both. Second offense: a fine of not more than $300 nor less than$100 and imprisonment of not more than 6 months or less than 30 days. Third andsubsequent offenses: a fine of not more than $500 nor less than $300 andimprisonment for not more than one year nor less than 6 months. Felony: Up to 3 yearsand not more than $1,000 fine.

Tennessee- Not over $100 - not over 11 months 29 days in jail, not over $500 fine, orboth. Over $100 - from three to 10 years in jail.

Texas- Up to 2 years in county jail or up to $1,000 or both. 30 days to 2 years in jailand up to $1,000. Two to 10 years. Holder of bad check may charge offender with any additional processing fees.

Utah- Less than $200 - up to 6 months or $299 or both; more than $200 but less than$300 - up to one year or $1,000 or both. More than $300 but less than $1,000 - up tofive years or $5,000 or both; more than $1,000 - up to 15 years or $1,000 or both.

Vermont- Up to one year in jail and $1000 fine or both.

Virginia- $200 or less fine or 10 days to 12 months in jail, or both. One to five years inthe penitentiary or fine and jail, or one to ten years penitentiary by discretion of the court.

Washington- Misdemeanor - full restitution; the defendant need not be imprisoned,but the court shall impose a minimum fine of $500. Of the fine imposed, at least $50shall not be suspended or deferred. Upon conviction for a second offense within anytwelve-month period, the court may suspend or defer only that portion of the fine whichis in excess of $500. Felony - Up to one year in jail or up to $1,000 fine, or both.

West Virginia- Maximum fine of $100, up to 10 days in jail, or both. For obtainingproperty under $200 - maximum fine of $200, imprisonment up to six months, or both.For obtaining property over $200 - maximum fine of $500, imprisonment from one to five years, or both.

Wisconsin- Up to $1,000 fine or one year in jail.

Wyoming- Misdemeanor - Fine of not more than $750 or imprisonment for not morethan six months, or both. Felony - Fine of not more than $10,000 or imprisonment for a maximum of 10 years, or both.

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