Nebraska Notice of Bad Check or NSF Check - Civil Laws
This is a Notice of Bad Check or NSF Check - Civil. A "dishonored check" (also known as a "bounced check" or "bad check") is a Bad Check or NSF 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 Bad Check or NSF check. In order to attempt the greatest possible recovery on a Bad Check or NSF check, the business owner, or any other person given a Bad Check or NSF check, may be required by state law to notify the debtor that the Bad Check or NSF check was dishonored.
Nebraska Bad Check Law Summary - Nebraska Notice of Bad Check or NSF Check - Civil Laws
Nebraska Bad Check Law Summary
Notice of Bad Check or NSF Check
Note: This summary is not intended to be an all inclusive summary of the Nebraska bad check laws, but does contain basic and other provisions.
Chapter 28. Crimes and Punishments.
28-611. Issuing or passing a bad bad check or NSF check or similar order;
penalty; collection procedures.
(1) Whoever obtains property, services, or present value of any kind by issuing
or passing a bad check or NSF check, draft, assignment of funds, or similar
signed order for the payment of money, knowing that he or she has no account
with the drawee at the time the bad check or NSF check, draft, assignment of
funds, or order is issued or, if he or she has an account, knowing that he or
she does not have sufficient funds in or credit with the drawee for the payment
of the bad check or NSF check, draft, assignment of funds, or order in full upon
presentation, commits the offense of issuing a bad bad check or NSF check.
Issuing a bad bad check or NSF check is:
(a) A Class III felony if the amount of the bad check or NSF check, draft,
assignment of funds, or order is one thousand five hundred dollars or more;
(b) A Class IV felony if the amount of the bad check or NSF check, draft,
assignment of funds, or order is five hundred dollars or more, but less than one
thousand five hundred dollars;
(c) A Class I misdemeanor if the amount of the bad check or NSF check, draft,
assignment of funds, or order is one hundred dollars or more, but less than five
hundred dollars; and
(d) A Class II misdemeanor if the amount of the bad check or NSF check, draft,
assignment of funds, or order is less than one hundred dollars.
The aggregate amount of any series of bad check or NSF checks, drafts,
assignments, or orders issued or passed within a sixty-day period in one county
may be used in determining the classification of the offense pursuant to this
subsection, except that bad check or NSF checks, drafts, assignments, or orders
may not be aggregated into more than one offense.
(2) For any second or subsequent offense under subdivision (1)(c) or (1)(d) of
this section, any person so offending shall be guilty of a Class IV felony.
(3) Whoever otherwise issues or passes a bad check or NSF check, draft,
assignment of funds, or similar signed order for the payment of money, knowing
that he or she has no account with the drawee at the time the bad check or NSF
check, draft, assignment of funds, or order is issued or, if he or she has an
account, knowing that he or she does not have sufficient funds in or credit with
the drawee for the payment of the bad check or NSF check, draft, assignment of
funds, or order in full upon its presentation, shall be guilty of a Class II
misdemeanor.
(4) Any person in violation of this section who makes voluntary restitution to
the injured party for the value of the bad check or NSF check, draft, assignment
of funds, or order shall also pay ten dollars to the injured party and any
reasonable handling fee imposed on the injured party by a financial institution.
(5) In any prosecution when the person issuing the bad check or NSF check,
draft, assignment of funds, or order has an account with the drawee, he or she
shall be presumed to have known that he or she did not have sufficient funds in
or credit with the drawee for the payment of the bad check or NSF check, draft,
assignment of funds, or order in full upon presentation if, within thirty days
after issuance of the bad check or NSF check, draft, assignment of funds, or
order, he or she was notified that the drawee refused payment for lack of funds
and he or she failed within ten days after such notice to make the bad check or
NSF check, draft, assignment of funds, or order good or, in the absence of such
notice, he or she failed to make the bad check or NSF check, draft, assignment
of funds, or order good within ten days after notice that such bad check or NSF
check, draft, assignment of funds, or order has been returned to the depositor
was sent to him or her by the county attorney or his or her deputy, by United
States mail addressed to such person at his or her last-known address. Upon
request of the depositor and the payment of ten dollars for each bad check or
NSF check, draft, assignment of funds, or order, the county attorney or his or
her deputy shall be required to mail notice to the person issuing the bad check
or NSF check, draft, assignment of funds, or order as provided in this
subsection. The ten-dollar payment shall be payable to the county treasurer and
credited to the county general fund. No such payment shall be collected from any
county office to which such a bad check or NSF check, draft, assignment of
funds, or order is issued in the course of the official duties of the office.
(6) Any person convicted of violating this section may, in addition to a fine or
imprisonment, be ordered to make restitution to the party injured for the value
of the bad check or NSF check, draft, assignment of funds, or order and to pay
ten dollars to the injured party and any reasonable handling fee imposed on the
injured party by a financial institution. If the court, in addition to
sentencing any person to imprisonment under this section, also enters an order
of restitution, the time permitted to make such restitution shall not be
concurrent with the sentence of imprisonment.
(7) The fact that restitution to the party injured has been made and that ten
dollars and any reasonable handling fee imposed on the injured party by a
financial institution have been paid to the injured party shall be a mitigating
factor in the imposition of punishment for any violation of this section.