Chapter 544-B: CIVIL Liability for Bad Checks

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 RSA 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 RSA 544-B:2.

II. If a judgment is made against a maker, issuer, or drawer pursuant to RSA 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.

"Notice" as used in RSA 544-B:1, I(a) means notice given to the maker, drawer, or issuer of the check, draft, or order, either in person or in writing. Such notice in writing shall be conclusively presumed to have been given when properly deposited in the United States mails, postage prepaid, by certified or registered mail, return receipt requested, and addressed to such maker, drawer, or issuer at his address as it appears on the check, draft, or order or at his last known address.

"Dishonored" means, in addition to the meanings set forth in RSA 544-B:1, I, a stop payment order issued without cause.