In California if a check is returned by the bank due to NSF what charges can be assessed by the retailer?

Question

Check amount was $55.47 retailer now wants $216.00 check was written July 6th 2006. nothing written has been sent

Answer 1

This is governed by California Civil Code § 1719(a):

" (1) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for the amount of the check and a service charge payable to the payee for an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check to that payee passed on insufficient funds.

(2) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for damages equal to treble the amount of the check if a written demand for payment is mailed by certified mail to the person who had passed a check on insufficient funds and the written demand informs this person of (A) the provisions of this section, (B) the amount of the check, and (C) the amount of the service charge payable to the payee. The person who had passed a check on insufficient funds shall have 30 days from the date the written demand was mailed to pay the amount of the check, the amount of the service charge payable to the payee, and the costs to mail the written demand for payment. If this person fails to pay in full the amount of the check, the service charge payable to the payee, and the costs to mail the written demand within this period, this person shall then be liable instead for the amount of the check, minus any partial payments made toward the amount of the check or the service charge within 30 days of the written demand, and damages equal to treble that amount, which shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500). When a person becomes liable for treble damages for a check that is the subject of a written demand, that person shall no longer be liable for any service charge for that check and any costs to mail the written demand."

Answer 2

I dont know the specific laws in California but it does apply for the state of Florida. Its considered a type of fraud. Also retailers have the option of reporting you to the state and will have additional fees to pay the state and could be subject to taking a day class (sort of like driving school idea) to learn how to balance your check book, budget finances so you do not bounce another check. Also I think they can suspend your license or something someway gets attached to your license number. Happened to a friend of mine a short while ago. Alot of trouble to go through. Nexttime make good on your debts.

Answer 3

I think the retailers make up their own rules about those charges and post it. Typically I see signs posted in retail stores in California stating there will be a $25.00 charge for returned checks. The retailer you bought from no doubt has a sign up in the establishment.

Answer 4

Whoever had the tests would not have went lower back to money the recent ones if the different one went via, if it replaced right into a business enterprise of direction they'll money something you deliver them. yet sure, as a results of fact which you wrote the tests the economic business enterprise teller has noway of understanding you didnt intend for those tests to no longer be cashed till you place a end charge on them.

Answer 5

not sure by thats sounds very high.

The price is usually face value plus a set fee. Usually 30-35 dollars

Answer 6

216 DOLLARS ???????????

for an NSF....................

u better get more details from them b4 paying anything.. most I've seen people charge in thier notices is $35

this is outrageous....what store was that??