Sue for a Bad Check

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If someone writes you a bad check, you can sue for 3 times the amount of the check, up to an additional $1,500 (maximum) plus the original amount of the check.

How do I sue for a bad check?

  1. Send a bad check demand letter to the person who wrote the check by certified mail with return receipt requested. In your letter, demand to be paid within 30 days by cash or money order the following amounts: the amount of the check, the cost of certified mail and the service fee, charged by your bank up to $25 and up to $35 for each subsequent check.
    Click here to see a sample bad check demand letter. Click here for help writing a bad check demand letter.
  2. Then wait 30 days. If you aren’t paid in 30 days, the full amount of the check, plus the cost of certified mail, plus your bank fees, then sue in small claims court for the amount of the check, plus the statutory damages (Civil Code section 1719) of 3 times the amount of the check, up to an additional $1,500.

What should I bring to my hearing?

  • A copy of the demand letter you sent.
  • Proof from the post office that you sent the letter certified mail.
  • Any other papers you need to prove your case. For example, bank statements, notes about your conversations, or any other letters to or from the check writer.

Common Disputes Heard in Small Claims Court


Angela Emerick, Esq.

(Class of 2015)

"Being born in Australia and becoming a naturalized U.S. citizen in 2009, I understand the process and honor of becoming an American citizen and am proud to help those in their quest to become citizens and better their lives."

Daryl Reese, Esq.

(Class of 2014)

"I decided to enroll in Law School when I was 50 years old having enjoyed a full career in the nonprofit sector. Now I have a robust business and nonprofit law practice serving clients throughout the State of California and I am loving it. I could never have made that kind of career transition if it had not been for Empire Law School. The opportunity to take evening courses and at a cost far less than other law schools, and to do so in my own community made my career shift affordable, enjoyable, and attainable."

Orchid Vaghti, Esq.

(Class of 2010)

"There are not that many new lawyers who have the experience to go to trial. They would not be ready for it. Seeing the practical points of the legal process through her Empire education gave Orchid an advantage."
- L. Stephen Turer, Esq.