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Bad check laws in New Jersey

Last updated .

Key facts

  • Civil damages ruleA maker who does not pay a dishonored check within 35 days after a demand is mailed by certified mail owes the check amount plus attorneys' fees, court costs, mailing costs and damages of $100 or triple the check amount, whichever is greater, but the damages cannot exceed the check amount by more than $500, under N.J.S.A. 2A:32A-1. A court or jury may waive all or part of the statutory damages for economic hardship.[1]
  • Criminal threshold amountA bad check under $200 is a disorderly persons offense; $200 up to $1,000 is a crime of the fourth degree, $1,000 up to $75,000 is a crime of the third degree, and $75,000 or more is a crime of the second degree, under N.J.S.A. 2C:21-5(c) ($200).[2]
  • Notice periodThe maker has 35 days after the payee mails a demand for payment by certified mail to the maker's last known address to pay the face amount in cash or by cashier's or certified check. The demand is printed in both English and Spanish, under N.J.S.A. 2A:32A-1 (35 days).[1]
  • Prosecution notice requirementAn issuer is presumed to know a check would not be paid if the issuer had no account with the bank, or if payment was refused for lack of funds or a closed account after deposit or presentation within 46 days after issue and the issuer did not make good within 10 days after receiving notice of the refusal or after notice was sent to the issuer's last known address. Notice may be given orally or in writing, under N.J.S.A. 2C:21-5. The presumption does not cover post-dated checks.[2]
  • Statute citationN.J.S.A. 2C:21-5, bad checks[2]
  • Treble damagesCivil damages are $100 or triple the check amount, whichever is greater, but may not exceed the check amount by more than $500, under N.J.S.A. 2A:32A-1 (3 times).[1]

Lending rules in New Jersey: New Jersey lending laws.

Sources

  1. New Jersey Legislature. New Jersey P.L.2014, c.46 (Assembly No. 1162), which quotes the operative text of N.J.S.A. 2A:32A-1, civil action for bad checks, as amended.
  2. New Jersey Legislature. New Jersey P.L.2014, c.45 (Assembly No. 1153), which quotes the operative text of N.J.S. 2C:21-5, bad checks, as amended.