New Hampshire Revised Statutes 544-B:1 – Civil Penalties for Bad Checks
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I. In any action against a person who makes, issues, or draws any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker, issuer, or drawer has no account with the drawee, the holder may recover from the maker, issuer, or drawer the amount of the check, draft, or order, plus court costs, service costs, and collection costs incurred by the holder. The amount of the check, draft, or order plus the enumerated costs may be recovered only if:
(a) The holder gives notice pursuant to N.H. Rev. Stat. § 544-B:2, for payment of the check, draft, or order; and
(b) The maker, issuer, or drawer, fails to tender an amount equal to the amount of the check, draft, or order, plus bank fees and mailing costs, within 10 days of receiving the notice as set forth in N.H. Rev. Stat. § 544-B:2.
II. If a judgment is made against a maker, issuer, or drawer pursuant to N.H. Rev. Stat. § 544-B:1, I(a) and (b) and he fails to make restitution on the date of judgment, he shall pay to the holder $10 per business day that the debt remains outstanding from the date of judgment up to a limit of $500.
III. 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 action, or may be brought in any other court that has jurisdiction.
(a) The holder gives notice pursuant to N.H. Rev. Stat. § 544-B:2, for payment of the check, draft, or order; and
Terms Used In New Hampshire Revised Statutes 544-B:1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) The maker, issuer, or drawer, fails to tender an amount equal to the amount of the check, draft, or order, plus bank fees and mailing costs, within 10 days of receiving the notice as set forth in N.H. Rev. Stat. § 544-B:2.
II. If a judgment is made against a maker, issuer, or drawer pursuant to N.H. Rev. Stat. § 544-B:1, I(a) and (b) and he fails to make restitution on the date of judgment, he shall pay to the holder $10 per business day that the debt remains outstanding from the date of judgment up to a limit of $500.
III. 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 action, or may be brought in any other court that has jurisdiction.