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Bad Checks

Connecticut General Statutes §52-565a provides that a drawer of a dishonored check on an account that has insufficient funds is responsible for the face amount of the check, plus an additional amount of damages up to the face amount of the check or $400.00 (whichever is lower) as a civil penalty for passing such a bad check.

The same statue provides that a bad check passed on an account that is closed will subject the drawer to an additional penalty of the face amount of the check or $750.00 (whichever is lower.)

In order to obtain such damages a written eight (8) day demand for payment of the check must be made to the drawer. Additionally, your collection attorney will send a written demand in both English and Spanish including the last known address of the drawer, the amount and date of the dishonored check, the bank upon which the check was drawn, the name of the payee, the reason the check was dishonored, the address to which payment should be delivered and an explanation of the damages which may be imposed pursuant to the statute in event the drawer fails to pay the face amount of the check.

These bad check damages do not apply to checks for which payment has been stopped or to any check where the drawer has raised a reasonable defense with respect to the validity of the underlying debt.

Issuing a bad check may also be a criminal violation pursuant to Connecticut General Statutes §53a-128.

Infrequently local police departments in Connecticut may be willing to apply for an arrest warrant and actually pick up someone for the crime of passing a bad check. More often than not, pursuing a civil penalty may be the only remedy.