Debts and Credit – Bad Checks – Alaska
Related Alaska Legal Forms
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.
TITLE 9, Code of Civil Procedure
CHAPTER 68, Miscellaneous Provisions
Sec. 09.68.115. Bad check civil penalties.
(a) In an action against a person who issues a 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 commencing the action; and
(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.
(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) “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.