Key facts
- Civil damages ruleA payee may recover statutory damages equal to $100 or three times the check amount, whichever is greater, on top of the check amount, under Or. Rev. Stat. Section 30.701(1).[1]
- Felony penaltyNegotiating a bad check is enhanced to a Class C felony under Or. Rev. Stat. Section 165.065(3)(b) if the person has a conviction for negotiating a bad check or theft by deception by bad check in Oregon within the preceding five years.[2]
- Misdemeanor penaltyNegotiating a bad check is a Class A misdemeanor under Or. Rev. Stat. Section 165.065(3)(a).[2]
- Notice periodA payee must make written demand at least 30 days before suing for statutory damages under Or. Rev. Stat. Section 30.701(2) (30 days).[1]
- Prosecution notice requirementFailing to make a check good within 10 days after receiving notice that it was refused for lack of funds is prima facie evidence of knowledge under Or. Rev. Stat. Section 165.065(2)(b).[2]
- Service fee maximumA payee may collect a dishonored-check fee of up to $35 under Or. Rev. Stat. Section 30.701(5) ($35).[1]
- Statute citationOr. Rev. Stat. Section 165.065, negotiating a bad check[2]
- Treble damagesStatutory damages under Or. Rev. Stat. Section 30.701(1) are the greater of $100 or triple the check amount, but no more than $500 above the check amount (3 times).[1]
Lending rules in Oregon: Oregon lending laws.
Sources
- Oregon State Legislature. Oregon Revised Statutes Chapter 30, Actions and Suits in Particular Cases.
- Oregon State Legislature. Oregon Revised Statutes Chapter 165, Offenses Involving Fraud or Deception.