Key facts
- Civil damages ruleThe holder may recover the check amount plus court costs, plus $50 for a first dishonored check within a year, or three times the check amount capped at $250 for a second or later dishonored check within a year, under 6 Del. C. Section 1301A.[1]
- Felony threshold amountIssuing a bad check is a class G felony at $1,500 or more and a class A misdemeanor below that amount, under Delaware law ($1,500).[2]
- Notice periodThe plaintiff must make written demand for payment at least 30 days before starting a civil action, under Delaware law (30 days).[1]
- Prosecution notice requirementAn issuer is presumed to know a check would not be honored if it is not made good within 10 days after receiving notice of dishonor, under Delaware law.[2]
- Statute citation11 Del. C. Section 900[2]
- Treble damagesDelaware allows treble damages, capped at $250, for a second or later dishonored check from the same drawer within one year (3 times).[1]
Lending rules in Delaware: Delaware lending laws.
Sources
- Delaware General Assembly, Delaware Code Online. Delaware Code, Title 6, Section 1301A, Actions Relating to Dishonor of Checks, Drafts, or Orders; Damages.
- Delaware General Assembly, Delaware Code Online. Delaware Code, Title 11, Section 900, Issuing a Bad Check.