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North Carolina Notice of Dishonored Check - Civil - 1st Notice -...

High Point North Carolina Notice of Dishonored Check - Civil - 1st Notice - Keywords: bad check, bounced check

Category:

Collections - Dishonored Checks

State:

North Carolina

City:

High Point

Control #:

NC-401N

Format:

Instant download

Description

This is a Notice of Dishonored Check (Civil). A "dishonored check" (also known as a "bounced check" or "bad check") is a check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the check. In order to attempt the greatest possible recovery on a dishonored check, the business owner, or any other person given a dishonored check, may be required by state law to notify the debtor that the check was dishonored.

High Point Notice of Dishonored Check - Civil - 2nd Notice - Keywords: bad check, bounced check

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How to fill out North Carolina Notice Of Dishonored Check - Civil - 1st Notice - Keywords: Bad Check, Bounced Check?

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FAQ

The case of a bouncing check involves the legal actions that can follow when a check cannot be cashed. In High Point, this can range from civil disputes over repayment to potential criminal charges. It's advisable to act quickly and use platforms like USLegalForms to navigate the necessary legal steps involved in such cases.

The case for a bouncing check usually involves the check being returned due to lack of funds or issues with the account. In High Point, the repercussions can include fees, legal action, and damage to your credit score. Timely addressing these issues is essential, and resources like USLegalForms provide the necessary documentation and guidance.

A check may be returned or dishonored for several reasons, such as insufficient funds, a closed account, or a signature mismatch. In High Point, North Carolina, each of these circumstances can result in legal implications for the check issuer. It’s important to monitor account balances carefully to avoid such situations.

Yes, receiving a bad check can also place you in a difficult situation. Although you are not primarily responsible for the bad check, you may need to take action to recover your funds. Engaging with legal advice can help you understand the best steps forward. Utilizing services like USLegalForms can provide guidance in such instances.

A bounced check case typically arises when a bank does not honor a check due to insufficient funds in the payer's account. In High Point, this triggers various legal and financial repercussions for the issuer of the check. Those who receive a bounced check can pursue recovery of the funds, and using resources like USLegalForms can simplify this process.

Writing a bad check over $500 in High Point, North Carolina can escalate legal issues considerably. Such cases can lead to felony charges, which carry harsher penalties, including potential imprisonment. It’s advisable to seek legal counsel if you're facing this situation, as early intervention can help mitigate consequences.

In North Carolina, writing a bad check can be classified as a felony in certain cases. If the amount of the check exceeds $2,000, it can result in felony charges. Typically, checks below this amount may lead to misdemeanor charges. Understanding these implications is essential to avoid serious legal problems.

The penalties for a bounced check in High Point, North Carolina can include financial restitution, legal fees, and possible criminal charges. If the check amount is larger, the penalties may become more severe, including potential jail time. Addressing bounced checks quickly is important to mitigate these penalties and maintain a good financial standing.

In High Point, North Carolina, writing a bad check can lead to significant consequences. You could face criminal charges if the check is considered fraudulent. Additionally, the person or business that received the bad check may pursue recovery of the funds, which might include fees. It's crucial to resolve the matter promptly to avoid escalation.

Yes, you can sue someone for writing a bad check if they do not resolve the payment after being notified. In cases involving a High Point North Carolina Notice of Dishonored Check - Civil - 1st Notice, legal action may be necessary to recover the owed amount. It’s advisable to document all communications and consider consulting legal resources or uslegalforms for the best approach.

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Notice of Dishonored Check - Civil - 1st Notice - Keywords: bad check, bounced check

Note: This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.

Civil Provisions
Chapter 6. Liability for Court Costs.
ARTICLE 3. Civil Actions and Proceedings.
§ 6-21.3. Remedies for returned check.
(a) Notwithstanding any criminal sanctions that may apply, a person, firm, or corporation who knowingly draws, makes, utters, or issues and delivers to another any check or draft drawn on any bank or depository that refuses to honor the same because the maker or drawer does not have sufficient funds on deposit in or credit with the bank or depository with which to pay the check or draft upon presentation or because the check has previously been presented and honored for the payment of money or its equivalent, and who fails to pay the same amount, any service charges imposed on the payee by a bank or depository for processing the dishonored check, and any processing fees imposed by the payee pursuant to G.S. 25-3-506 in cash to the payee within 30 days following written demand therefor, shall be liable to the payee (i) for the amount owing on the check, the service charges, and processing fees and (ii) for additional damages of three times the amount owing on the check, not to exceed five hundred dollars ($500.00) or to be less than one hundred dollars ($100.00). If the amount claimed in the first demand letter is not paid, the claim for the amount of the check, the service charges and processing fees, and the treble damages provided for in this subsection may be made by a subsequent letter of demand prior to filing an action. In an action under this section the court or jury may, however, waive all or part of the additional damages upon a finding that the defendant's failure to satisfy the dishonored check or draft was due to economic hardship.
The initial written demand for the amount of the check, the service charges, and processing fees shall be mailed by certified mail to the defendant at the defendant's last known address and shall be in the form set out in subsection (a1) of this section. The subsequent demand letter demanding the amount of the check, the service charges, the processing fees, and treble damages shall be mailed by certified mail to the defendant at the defendant's last known address and shall be in the form set out in subsection (a2) of this section. If the payee chooses to send the demand letter set out in subsection (a2) of this section, then the payee may not file an action to collect the amount of the check, the service charges, the processing fees, or treble damages until 30 days following the written demand set out in subsection (a2) of this section.
(a1) The first notification letter shall be substantially in the following form:
This letter is written pursuant to G.S. 6-21.3 to inform you that on _______________, you made and delivered to the business listed above a check payable to this business containing your name and address in the sum of $_____, drawn upon __________ (bank or institution), account #_____. [If the check was received in a face-to-face transaction insert this sentence: This check contained a drivers license identification number from a card with your photograph and mailing address, which was used to identify you at the time the check was accepted.] [If the check was delivered by mail insert this sentence: We have compared your name, address, and signature on the check with the name, address, and signature on file in the account previously established by you or on your behalf, and the signature on the check appears to be genuine.] Also, we have received no information that this was a stolen check, if that is the circumstance.
The check has been dishonored by the bank for the following reasons:___________________________________________________________
As acceptor of the check, we give you notice to rectify any bank error or other error in connection with the transaction, and to pay the face value of the check, plus the fees as authorized under G.S. 25-3-506 and G.S. 6-21.3(a) as follows:
 Face value of the check # $__________________
 Processing fee authorized
 under G.S. 25-3-506 $__________________
 Bank service fees authorized
 under G.S. 6-21.3 $__________________
 Total amount due: $__________________
If the total amount due listed above is not paid within 30 days of the mailing of this letter, thereafter we may file a civil action to seek civil damages of three times the amount of the check (with a minimum damage of one hundred dollars ($100.00) and a maximum damage of five hundred dollars ($500.00)) for allegedly giving a worthless check in violation of law (G.S. 6-21.3), in addition to the amount of the check and the fees specified above.
Appropriate relief will then be sought before a court of proper jurisdiction for full payment of the check plus all costs, treble damages, and witness fees.
If you do not believe you are liable for these amounts, you will have a right to present your defense in court. To pay the check or obtain information, contact the undersigned at the above business location. Cash or a bank official check will be the only acceptable means of redeeming the dishonored check.
If you do not believe that you owe the amount claimed in this letter or if you believe you have received this letter in error, please notify the undersigned at the above business location as soon as possible.
(a2) If the total amount due in subsection (a1) has not been paid within 30 days after the mailing of the notification letter, a subsequent demand letter may be sent and shall be substantially in the following form:
On __________, we informed you that we received a check payable to this business containing your name and address in the sum of $_____, drawn upon __________ (bank or institution), account #_______________. This check contained identification information which was used to identify you as the maker of the check. Also, we have received no information that this was a stolen check, if that is the circumstance.
The check has been dishonored by the bank for the following reasons:___________________________________________________________
We notified you that you were responsible for the face value of the check ($_____) plus the fees authorized under G.S. 25-3-506 ($_____) and G.S. 6-21.3(a) ($_____) for a total amount due of $_____. Thirty days have passed since the mailing of that notification letter, and you have not made payment to us for that total amount due.
Under G.S. 6-21.3, we claim you are now liable for the face value of the check, the fees, and treble damages. The damages we claim are three times the amount of the check or one hundred dollars ($100.00), whichever is greater, but cannot exceed five hundred dollars ($500.00). The total amount we claim now due is:
 Face value of the check $__________________
 Processing fee authorized
 under G.S. 25-3-506 $__________________
 Bank service fees authorized
 under G.S. 6-21.3 $__________________
 Three times the face value of the
 check, with a minimum of $100.00
 and a maximum of $500.00 $__________________ 
 
Total amount due: $__________________ 
 
Payment of the total amount claimed above within 30 days of the mailing of this letter shall satisfy this civil remedy for the returned check. 
 
If payment has not been received within this 30-day period, we will seek appropriate relief before a court of proper jurisdiction for full payment of the check plus all costs, treble damages, and witness fees. 
 
If you do not believe you are liable for these amounts, you will have a right to present your defense in court. To pay the check or obtain information, contact the undersigned at the above business location. Cash or a bank official check will be the only acceptable means of redeeming the dishonored check. 
 
If you do not believe that you owe the amount claimed in this letter or if you believe you have received this letter in error, please notify the undersigned at the above business location as soon as possible. 
 
(b) In an action under subsection (a) of this section, the presiding judge or magistrate may award the prevailing party, as part of the court costs payable, a reasonable attorney’s fee to the duly licensed attorney representing the prevailing party in such suit. 
 
(c) It shall be an affirmative defense, in addition to other defenses, to an action under this section if it is found that: (i) full satisfaction of the amount of the check or draft was made prior to the commencement of the action, or (ii) that the bank or depository erred in dishonoring the check or draft, or (iii) that the acceptor of the check knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check to be honored. 
 
(d) The remedy provided for herein shall apply only if the check was drawn, made, uttered or issued with knowledge there were insufficient funds in the account, that no credit existed with the bank or depository with which to pay the check or draft upon presentation, or that the check was presented with the knowledge that the check had previously been presented and honored for the payment of money or its equivalent. 
 
(e) A check or draft refused by a bank or depository, or the image of that check or draft, may be submitted as evidence for the remedy provided by this section if the bank or depository has returned it in the regular course of business stamped, marked, or with an attachment indicating the reason for the dishonor with terms that include, but are not limited to, the following: “insufficient funds,” “no account,” “account closed,” “NSF,” “uncollected,” “unable to locate,” “stale dated,” “postdated,” “endorsement irregular,” “signature irregular,” “nonnegotiable,” “altered,” “unable to process,” “refer to maker,” “duplicate presentment,” “forgery,” “noncompliant,” or “UCD noncompliant.” (1975, c. 129, s. 1; 1981, c. 781, s. 2; 1985, c. 643; 1993, c. 374, s. 1; 1995, c. 356, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 5; 2013-244, ss. 1-3.)

Notice of Dishonored Check - Civil - 1st Notice - Keywords: bad check, bounced check

Note: This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.

High Point North Carolina Notice of Dishonored Check - Civil - 1st Notice - Keywords: bad check, bounced check

Description

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How to fill out North Carolina Notice Of Dishonored Check - Civil - 1st Notice - Keywords: Bad Check, Bounced Check?

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FAQ

What is the case of bouncing check?

What is the case for bouncing check?

When might a check be returned or dishonored?

Can I get in trouble if someone writes me a bad check?

What is the case of bounced check?

What happens if you write a bad check that is over $500?

Is writing a bad check a felony in NC?

What is the penalty for a bounced check?

What happens if you write a bad check in NC?

Can you sue someone for writing you a bad check?

Interesting Questions

What is a High Point Notice of Dishonored Check?

Why did I receive a High Point Notice of Dishonored Check?

What does it mean if my check bounces?

What should I do if I receive a High Point Notice of Dishonored Check?

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Can I dispute a High Point Notice of Dishonored Check?

Trusted and secure by over 3 million people of the world’s leading companies

High Point North Carolina Notice of Dishonored Check - Civil - 1st Notice - Keywords: bad check, bounced check

Description

Related forms

Related legal definitions

Viewed forms

How to fill out North Carolina Notice Of Dishonored Check - Civil - 1st Notice - Keywords: Bad Check, Bounced Check?

Form popularity

FAQ

What is the case of bouncing check?

What is the case for bouncing check?

When might a check be returned or dishonored?

Can I get in trouble if someone writes me a bad check?

What is the case of bounced check?

What happens if you write a bad check that is over $500?

Is writing a bad check a felony in NC?

What is the penalty for a bounced check?

What happens if you write a bad check in NC?

Can you sue someone for writing you a bad check?