legaljiffy™.com | Has someone written you a check on insufficient funds? Send a Demand Letter.

Demand Letter Overview:

Has someone written you a check on insufficient funds? Did you get a check and then find out that the account was either closed or there was a stop payment on the check? Don't get stuck with a bad check. Take action! Under California law you can recover treble damages (triple the amount of the check*), plus the bank service charge and the cost of mailing the demand to the check writer. In order to do so, you have to send the check issuer a demand letter, which conforms to the legal requirements under the law. Otherwise, you cannot recover triple damages in small court.

Here's how it works:

1) Complete the demand letter questionnaire:

Complete our simple questionnaire and provide us the basic information regarding the debt owed to you.

2) We create your demand letter.
We will review your answer for completeness, prepare your demand letter.

3) Final Wrap-Up of Your demand letter:

We will send you the demand letter within 4 hours along with specific instructions on how to follow up and complete your demand.

+ I am a retailer, what information can I not get from customers who pay with checks?

You may not require a credit card in order to accept a check; you may not record the customer's credit card number on the check; you may not require credit card authorization in case the check bounces, you may not call the credit card issuer to check credit availability.

+ Can I write "paid in full" on a check and later claim that I paid the debt.

Can I write "paid in full" on a check and later claim that I paid the debt, even though the debt was for a higher amount?

Probably not. If the other person deletes or strikes out the word "paid in full" on the check, you will not be able to argue that there was an "accord and satisfaction". The other person can also say that he inadvertently accepted the check not knowing that you had put the words "paid in full" on the check.

+ How can I get treble damages for an NSF check?

A person writing an NSF check is liable for treble damages under California Civil Code Section 1719 unless that person pays the face amount of the check, the service charge, and the cost of mailing a written demand by certified mail within 30 days of mailing of the notice. The treble damages shall not be less than $100.00 nor more than $1,500.00.

When the person becomes liable for the treble damages, that person is no longer liable for the service charge or the cost of mailing the treble damages letter.

+ Can I get treble damages even though the check writer claims a dispute about my services?

Depends. If the court finds that there was a reasonable and good faith dispute about the reason for withholding payment, then you probably will not be able to collect treble damages. Good faith dispute includes when services are not rendered, goods are not delivered, goods or services are faulty, not as promised, or unsatisfactory, or if there was an overcharge for the goods or the services.

Demand Letter Overview:

Here's how it works:

Demand Letter Prices:

Demand Letters:

Short list of common demand Letters terms:

Payday Lenders & Treble Damages

Simple 3 Step Process