Rhode Island 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.
Rhode Island Bad Check Law Summary - Rhode Island Notice of Bad Check or NSF Check - Civil Laws
Rhode Island 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 Rhode Island bad check laws, but does contain basic and other provisions.
TITLE 6 Commercial Law; General Regulatory Provisions
CHAPTER 42 bad check or NSF checks and Other Instruments; Dishonor
§ 6-42-1 Notice of dishonor.
When a bad check or NSF check, draft, or other instrument has been dishonored by
nonacceptance or nonpayment by any bank or other financial institution and has
not been paid within ten (10) days, the holder to whom the bad check or NSF
check, draft, or other instrument was issued may send a notice of dishonor to
the maker or drawer as provided in § 6-42-2.
TITLE 6 Commercial Law; General Regulatory Provisions
CHAPTER 42 bad check or NSF checks and Other Instruments; Dishonor
§ 6-42-2 Term of notes - Form of notice of dishonor.
(a) A notice of dishonor sent by a holder to a maker or drawer pursuant to §
6-42-1 shall substantially comply with the following form:
(b) The notice provided for in subsection (a) shall be sent certified mail,
return receipt requested.
TITLE 6 Commercial Law; General Regulatory Provisions
CHAPTER 42 bad check or NSF checks and Other Instruments; Dishonor
§ 6-42-3 Cause of action - Damages.
(a) If a bad check or NSF check, draft, or other instrument has not been paid
within thirty (30) days after the holder has sent a notice of dishonor to the
maker or drawer of a bad check or NSF check, draft, or other instrument that has
been dishonored, pursuant to §§ 6-42-1 and 6-42-2, the holder may seek the
damages provided under this section in the district court and may at the
holder's election be in accordance with the procedure for small claims set forth
in chapter 16 of title 10.
(b) The maker or drawer of a dishonored bad check or NSF check or other
instrument who fails to pay the amount demanded within thirty (30) days of the
mailing of the notice of dishonor shall be liable to the holder for: (1) The
amount of the bad check or NSF check or other instrument;
(2) A collection fee of twenty-five dollars ($25.00);
(3) An amount equal to three (3) times the amount of the bad check or NSF check
or instrument, but in no case less than two hundred dollars ($200) and in no
case more than one thousand dollars ($1,000).
TITLE 6 Commercial Law; General Regulatory Provisions
CHAPTER 42 bad check or NSF checks and Other Instruments; Dishonor
§ 6-42-4 Defenses to action.
It shall be a defense to any action commenced by the holder of a dishonored bad
check or NSF check or other instrument under § 6-42-3 that: (a) The dishonor of
the bad check or NSF check or other instrument was due to a justifiable stop
payment order or to the attachment of the account; or
(b) Within thirty (30) days from the mailing of the notice of dishonor, the
maker or drawer has paid to the holder the full amount of the bad check or NSF
check or other instrument.