Alaska Notice of Bad Check or NSF Check Law - Civil
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.
Bad Check or NSF Check Law Summary - Alaska Notice of Bad Check or NSF Check Law - Civil
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
ALASKA Bad Check Law STATUTES
TITLE 9, Code of Civil Procedure
CHAPTER 68, Miscellaneous Provisions
SECTION 115
AS 09.68.115 - Alaska Bad Check Law Civil penalties.
(a) In an action against a person who issues a bad check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
(1) the plaintiff makes a written demand for payment of the check at least 15 days before beginning the action; and
(2) the defendant fails to tender, before the action begins, an amount equal to at least the amount of the check plus costs incurred by the plaintiff up to a maximum of $25.
(b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.
(c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150.
(d) In this section
(1) "bad check" has the meaning given in AS 11.46.280;
(2) "dishonored" means the nonpayment of a check because of
(A) lack of funds;
(B) closure or nonexistence of an account; or
(C) a stop payment order issued without cause;
(3) "written demand" means a written notice to the issuer of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the civil penalties set out in this section.