Key facts
- Civil damages ruleThe holder may recover the face amount plus actual damages, or the face amount plus a service charge, or, after 15 days' notice, three times the face amount but not less than $100, under Colo. Rev. Stat. Section 13-21-109.[1]
- Felony threshold amountFraud by check is a class 6 felony from $2,000 up to $5,000, rising through class 5, 4, 3, and 2 felonies at higher amounts, under Colorado law ($2,000).[2]
- Misdemeanor penaltyFraud by check is a petty offense under $300, a class 2 misdemeanor from $300 up to $1,000, and a class 1 misdemeanor from $1,000 up to $2,000, under Colorado law.[2]
- Notice periodThe holder must give 15 days' written notice of nonpayment before treble damages become available, under Colorado law (15 days).[1]
- Service fee maximumA posted or contractual service charge on a dishonored check may not exceed $20 under Colorado law ($20).[1]
- Statute citationColo. Rev. Stat. Section 18-5-205[2]
- Statute of limitationsSix years for a standard actual-damages claim and two years for a treble-damages claim under Colorado law.[1]
- Treble damagesColorado allows treble damages of three times the check's face amount, with no stated cap, if the drawer fails to pay within 15 days of notice (3 times).[1]
Lending rules in Colorado: Colorado lending laws.
Sources
- Colorado General Assembly, Office of Legislative Legal Services. Colorado Revised Statutes 2024, Title 13, Section 13-21-109, Recovery of Damages for Checks, Drafts, or Orders Not Paid Upon Presentment.
- Colorado General Assembly, Office of Legislative Legal Services. Colorado Revised Statutes 2024, Title 18, Section 18-5-205, Fraud by Check.