Key facts
| Measure | Value | Year |
|---|---|---|
| civil damages rule[1] | A 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. | 2014 |
| criminal threshold amount[2] | 200 | 2014 |
| notice period days[1] | 35 | 2014 |
| prosecution notice requirement[2] | An 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. | 2014 |
| statute citation[2] | N.J.S.A. 2C:21-5, bad checks | 2014 |
| treble damages[1] | 3 | 2014 |
Lending rules in New Jersey: New Jersey lending laws.
Sources
- 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.
- 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.