The procedure for collecting payment and damages for a bad check is spelled out in M.G.L. c. 93A, section 40A.
It states that you must first mail a demand letter to the debtor. The letter must be written in both English and Spanish using at least size 10 font.
A template for the demand letter is made part of the statute. It reads as follows:
DEMAND FOR PAYMENT OF DISHONORED CHECK
DATE:_________________________________
TO:___________________________________
NAME OF MAKER
WARNING: YOU MAY BE SUED 30 DAYS AFTER THE DATE OF THIS NOTICE IF YOU DO
NOT MAKE PAYMENT
_______________________________________
_______________________________________
_______________________________________
LAST KNOWN RESIDENCE ADDRESS OR PLACE
OF BUSINESSYOUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $___________
DATED _________ PAYABLE TO THE ORDER OF ________________
HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN DRAWN BECAUSE:
? THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY
? THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR DEPOSITORY
IF YOU DO NOT MAKE PAYMENT WITHIN THIRTY DAYS OF THE ABOVE DATE, YOU MAY BE SUED TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00).
PLEASE MAKE PAYMENT IN THE AMOUNT OF $_____________ TO:
_______________________________________
NAME OF PAYEE
_______________________________________
_______________________________________
_______________________________________
ADDRESS TO WHICH PAYMENT SHOULD
BE DELIVERED
The letter should be sent via both first-class and certified mail.
The debtor will have 30 days to respond. If he fails to do so, you may take the matter to court.
If you win the debtor will be liable 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.
You may also pursue criminal penalties against the debtor.
If you have any questions about the law, please contact me at justin@jrmccarthy.com.
Law Office of Justin R. McCarthy 