Maine Dishonored Check Law


Debts and Credit – Bad Checks – Maine

Maine Law Summary
Notice of Dishonored Check
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

Maine Revised Statutes
TITLE 14 – COURT PROCEDURE — CIVIL
PART 7 – PARTICULAR PROCEEDINGS
CHAPTER 712 – CIVIL LIABILITY FOR BAD CHECKS

14 M.R.S.A. § 6071. Civil penalties for bad checks

1. Recovery of costs. In any action against a person liable for a dishonored check, the holder may recover the amount of the check, the court costs and the processing charges incurred by the holder, plus interest at the rate of 12% per annum from the date of dishonor if:

A. The holder gives notice pursuant to section 6073 for payment of the check; and

B. The person liable fails to tender the amount of the check, plus bank fees and mailing costs, within 10 days of receiving the notice set forth in section 6073.

2. Attorney’s fees. If the person liable does not pay the amount of the check, plus costs and interest, before the hearing, then the court may award reasonable attorney’s fees to the prevailing party. In addition, the court may award to the holder of the check a civil penalty, not to exceed $50, to be paid by the person liable for the check.

3. Written agreement. Nothing in this chapter supersedes the terms of a written agreement between the parties.

4. Check defined. As used in this chapter, “check” means a check, draft or order for the payment of money.

14 M.R.S.A. § 6073. Notice for nonpayment

The notice must be in substantially the following form:

[ see, USLF form ME-401N ] …