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Bounced Check Remedies in North Carolina


Business owners, what remedies are available to you if you’ve received a bounced check from another party? North Carolina, like many other states, allows you to receive additional damages separate and apart from the actual value of the check so long as very specific requirements are followed.

These additional damages are paid as part of the court costs of certain actions, which is similar to the method used by North Carolina to allow prevailing parties to recover attorney fees from insurance companies in insurance disputes. Plaintiffs may recover an amount equal to 1) the amount of the check; 2) any service charges or fees; 3) additional damages equal to three-times the amount of the check (which is not to be less than $100.00 and not to exceed $500); and 4) attorney fees incurred in enforcing the action. These additional fees are rendered at the court’s discretion and may be waived upon a showing of hardship.

In order to recover these damages, specific letters pursuant to the North Carolina statutes demanding payment must be sent first. As with many specific statutory processes, it may make sense to contact a civil lawyer to assist with the action. Maginnis Law, PLLC is a Raleigh civil litigation firm with cases in Cary, Apex, Wake Forest, Youngsville and the rest of Wake County and the surrounding area. Contact the firm at 919.526.0450 or visit our website at www.maginnislaw.com to speak with a business attorney who can assist with obtaining funds due and owing to your company.

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