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State Allowable Fees For Returned Checks

Select a state to view its allowable returned check recovery fee.

Alabama
$30 Ala. Code § 8-8-15 (2002). TOP
Alaska
$30 Alaska Stat. § 09.68.115 (2002). As of September 14, 2004, $30. TOP
Arizona
$25, plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument. Ariz. Rev. Stat. § 44-6852 (2003). TOP
Arkansas
$25, plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check not being honored Ark. Code Ann. § 4-60-103 (2002). TOP
California
$25 for the first check and a service fee of up to $35 for each subsequent check to that same payee Cal. Civ. Code § 1719 (2003). TOP
Colorado
$20 posted at point-of-sale and, if the NSF check has been assigned to a licensed collection agency for collection, 20% of the face amount of the check, but not less than $20 Colo. Rev. Stat. § 13-21-109 (2002). TOP
Connecticut
$20 Conn. Gen. Stat. § 52-565a (2003). TOP
Delaware
Undetermined * TOP
District of Columbia
$15 or fee prescribed by Mayor, but only for dishonored checks in payment of any tax assessment or fees due to the government of the District of Columbia D.C. Code Ann. § 1-333.11 (2002). TOP
Florida
$25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5% of the face amount of the check, whichever is greater.. Fla. Stat. ch. 68.065 (2002). TOP
Georgia
$30 or 5 percent of the instrument, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored. Ga. Code Ann. § 13-6-15 (2002). TOP
Hawaii
$20 Haw. Rev. Stat. § 490:3-506.5 (2002). TOP
Idaho
$20 or the face amount of the check, whichever is the lesser, plus 12% interest per annum from the date of dishonor. Idaho Code § 28-22-105 (2002). TOP
Illinois
$25 or all costs and expenses including reasonable attorney's fees incurred in collection of check, whichever is greater. 810 Ill. Comp. Stat. 5/3-806 (2002). TOP
Indiana
An amount not to exceed $20, plus an amount equal to the actual charge by the depository institution for each returned or dishonored instrument. Ind. Code § 26-1-3.1-502.5 (2002). TOP
Iowa
$30 Iowa Code § 554.3512 (2003). TOP
Kansas
Not to exceed $30. Kan. Civ. Proc. Code Ann. § 60-2610 (2002). TOP
Kentucky
$25 posted at point-of-sale. Ky. Rev. Stat. Ann. § 514.040 (2002). TOP
Louisiana
$25 or 5% of face amount, whichever is greater, posted at the point-of-sale. La. Rev. Stat. Ann. § 9:2782 (2002). TOP
Maine
Undetermined * TOP
Maryland
Up to $35. Md. Code Ann., Com. Law § 15-802 (2002). TOP
Massachusetts
Undetermined * TOP
Michigan
$25 to be paid within 7 days, excluding weekends & holidays, after notice was mailed, if not, paid as requested above, but within 30 days after notice was mailed, the service fee is $35. Mich. Comp. Laws § 600.2952 (2002). TOP
Minnesota
Not to exceed $30; posted conspicuously at point-of- sale. Minn. Stat. § 604.113 (2002). TOP
Mississippi
$40 (Effective July 1, 2004). Miss. Code Ann. § 97-19-57 (2004). TOP
Missouri
A reasonable service charge, not to exceed $25, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument. Mo. Rev. Stat. § 570.120 (2003). TOP
Montana
Up to $30. Mont. Code Ann. § 27-1-717 (2002). TOP
Nebraska
Undetermined *, but for NSF checks written for the purchase of goods, Neb. Rev. Stat. § 2-710 (2002) provides a seller or a person in the position of the seller, one who has become responsible for the price of the goods on behalf of his principal, may assess a buyer for incidental damages incurred as a result of the buyer's breach. Such incidental damages may include any commercially reasonable charges. See Freyermuth v. Credit Bureau Services, Inc., 248 F.3d 767 (8th Cir. 2001). TOP
Nevada
Up to $25. Nev. Rev. Stat. § 597.960 (2002). TOP
New Hampshire
Not more than $25 unless otherwise expressly authorized by written agreement with the consumer. N.H. Rev. Stat. Ann. § 358-C:5 (2002). TOP
New Jersey
Undetermined * TOP
New Mexico
Undetermined * TOP
New York
The lesser of the amount agreed upon, if contracted for, or $20. N.Y. Gen. Oblig. Law § 5-328 (2003). TOP
North Carolina
$25 N.C. Gen. Stat. § 25-3-506 (2003). TOP
North Dakota
$25 N.D. Cent. Code § 6-08-16.2 (2001). TOP
Ohio
$30 or 10% of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check not being honored. Ohio Rev. Code Ann. § 1319.16 (2003). TOP
Oklahoma
Undetermined * TOP
Oregon
$25 Or. Rev. Stat. § 30.701 (2001). TOP
Pennsylvania
Undetermined * TOP
Rhode Island
$25 R.I. Gen. Laws. § 6-42-3 (2002). TOP
South Carolina
$30 S. C. Code Ann. § 34-11-70 (2002). TOP
South Dakota
$30 plus any applicable sales tax, posted conspicuously at point-of-sale. S.D. Codified Laws § 57A-3-421 (2001). TOP
Tennessee
An amount not to exceed $20. Tenn. Code Ann. § 47-29-102 (2002). TOP
Texas
$30 Tex. Bus. & Com. Code Ann. § 3.506 (2001). TOP
Utah
$20 Utah Code Ann. § 7-15-1 (2002). TOP
Vermont
Undetermined * TOP
Virginia
$35, plus legal interest from the date of the check and the bad check return fee charged to the holder by his bank. Va. Code Ann. § 8.01-27.1 (2003). TOP
Washington
Reasonable handling fee; when not paid within 15 days, a collection cost not to exceed $40 or face amount of check, whichever is less and interest at 12% per year from date of dishonor. Wash. Rev. Code § 62A.3-515 (2003). TOP
West Virginia
$25 W. Va. Code § 61-3-39e (2003). TOP
Wisconsin
All reasonable costs and expenses in connection with the collection of the amount for which the check or draft was written. Wis. Stat. § 403.414 (2003). TOP
Wyoming
$30 Wyo. Stat. Ann. § 1-1-115 (2002). TOP
*Undetermined means that a specific service charge has not been set by state statute. See the full state's statutes for remedies by civil action or criminal penalties which may allow a civil penalty assessment. It is suggested that service fees be posted at the point-of-sale in all states. IPS cannot be responsible for recent changes in the law regarding service charges and civil penalties. Remember to check with your attorney before establishing any procedures based upon this information.
THIS INFORMATION IS NOT INTENDED AS LEGAL ADVICE AND MAY NOT BE USED AS LEGAL ADVICE. ANY INFORMATION CONTAINED IN THIS MATERIAL IS SUBJECT TO CHANGE AND INTERPRETATIONS OF THE STATUTES MAY VARY. THIS INFORMATION SHOULD NOT BE USED TO REPLACE THE ADVICE OF YOUR OWN LEGAL COUNSEL. THE ABOVE INFORMATION IS A SUMMARY OF THE APPLICABLE STATUTES. THE STATUTES SHOULD BE REVIEWED IN THEIR ENTIRETY FOR A COMPLETE UNDERSTANDING OF THE LAW REGARDING SERVICE FEES.

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