Debts and Credit – Bad Checks – Massachusetts

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

Massachusetts General Laws
PART I. – ADMINISTRATION OF THE GOVERNMENT.
TITLE XV. – REGULATION OF TRADE.
CHAPTER 93. – REGULATION OF TRADE AND CERTAIN ENTERPRISES.

G.L.c. 93, § 40A. Dishonored checks; demand for payment.

Section 40A. Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more than five hundred dollars.

The written demand for payment required by this section shall be in the following form and shall be printed in at least ten point type in both the English and Spanish languages:

[ see, USLF form MA-401N ]