LOCATION

STATUE OF LIMITATIONS

STATE INTEREST RATE

BAD CHECK LAWS

UNITED STATES

Open Accounts Years

Contracts
In Writing
Years

Domestic
Judgments Years

Legal Rate

Judgment Rate

Civil Penalty

ALABAMA

3

6

20

6%

12%

Greater of $10 or actual bank charges.

ALASKA

6

6

10

6.25%

6.25% or contractual

Damages in amount equal to $100 or triple the amount of the check whichever is greater (but no more than $1,000 over the amount of the check.

ARIZONA

3

6

5
Add'l 5 on request

10%

10% or contractual

Twice the amount of check, costs of suit, reasonable attorney fees.

ARKANSAS

3
(2 if medical)

5

10 (renewable)

6% or 5 points above the fed. discount rate

5 points above the fed.

discount rate

Twice amount of check prior to double charge can start out with $25 charge per NSF check after 30 days.

CALIFORNIA

4

4

10

10%

10% or contractual

Amount due, treble damages min. $100 max. $1,500 per check.

COLORADO

6

6

20

8%

8% or contractual

Treble damages and reasonable attorney fees.

CONNECTICUT

6

6

20

8%

10% (5% arising from hospital services)

Personal liability of signatory on corporate claims unless signed in corporate capacity. Liability of drawer, if no account, equal to lesser of $750 or face amount. For insuff. funds, lesser of $400 or face amount.

DELAWARE

3

3

No prov.

6% or contractual

Legal rate or contract rate

N/A

DISTRICT OF COLUMBIA

3

3

3

4%

70% of interest rates on taxes to IRS

Amount due protest fees.

FLORIDA

4

5

20

7%

7% up to 18% if contractual

Face value of check plus $25-$40 depending upon amount of check, or 5% of value, whichever is greater. If suit required, after 30 day demand, treble amount in addition to amount owed, bank & court costs & reasonable attorney fees.

GEORGIA

4

6

7

7%

Prime + 3%

After 10 day written demand, double damages up to $500 and service charge of $25 or 5%, whichever is greater.

HAWAII

6

6

10

10%

10%

Damages equal to $100 or triple amount of check, not to exceed $500.

IDAHO

4

5

6

12%

7.125%

Triple amount of check (min. $100) up to $500 over the check amount.

ILLINOIS

5

10

20

5%

9%

Triple check amount up to $1,500, attorney fees and court costs. Statute of limitations: 3 years.

INDIANA

6

10 � Executed before 9/1/82
6 � Executed after 8/31/82

20 (10 real estate)

8% or contractual

8% or contractual

Triple check amount up to $500 over check amount, + attorney fees & interest up to 18% per annum or< triple check amount + attorney fees & interest at judgment rate & costs.

IOWA

5

10

20

Legal floating rate per T-Bill

Legal floating rate per T-Bill

537.2501G allows 5% of check or $20, whichever is greater. 625.22 allows for reasonable attorney fees.

KANSAS

3

5

5

(renewable)

5

(renewable)

10%

6.25%

Three times check amount not exceeding the check amount by $500 or $100 whichever is greater plus attorney fees & court costs plus amount of check.

KENTUCKY

5

15

15

8%

12%

N/A

LOUISIANA

3

10

10

6%

6%

After 30 day written demand twice check amt., atty. fees & court costs.

MAINE

6

6

20

T-Bill + 3%

T-Bill + 6%

Amount due, court costs, service costs and collection costs.

MARYLAND

3

3

12

6%

10% or contractual

After 30 day written notice, amount due, $25 fee, twice check amount up to $1,000 (at the discretion of the court). Applies to COD sales only.

MASSACHUSETTS

6 (UCC 4)

6 (UCC 4)

20

12%

12%

Amount due, costs of suit, protest fees. Additional damages of $100-$500 can be assessed.

MICHIGAN

6

6

10 (renewable)

5% (7% if in writing)

1% over Treasury note or contractual

Face amount of check plus or $100 per check, which- ever is greater plus costs of $250.

MINNESOTA

6

6

(UCC 4)

10 (renewable)

6%

4%

$100 or up to $100% of the value of check, whichever is greater, plus interest at the rate payable on judgments on the face amount of check, plus reasonable attorney fees if aggregate amount of checks within 6 month period is over $1,250.

MISSISSIPPI

3

3

7

7

(3 if

MS

resident)

8%

Amount in contract

Up to and including $25, additional damages 100%. $25.01-$200 additional damages 50% but not less than $25. Over $200, 25%.

MISSOURI

5

10

10

9%

9%

Three times face amount owed plus attorney's fees.

MONTANA

5

8

10

10%

10%

$100 min. or three times face value up to $500 plus face value of check and under UCC the value of the check plus $30 service charge per check.

NEBRASKA

4

5

5

(renewable)

12% or contractual

2% above T-Bill

Amount due, costs, protest fees.

NEVADA

4

6

6

Contractual or 2% over prime

Contractual or 2% over prime

Amount due, protest fees three times check amount not more than $500, or less than $100.

NEW HAMPSHIRE

3

3

20

4%

4%

Amount due, interest, court costs, reasonable attys. fees and $10 per business day (max. $500).

NEW JERSEY

6

6

20

20

(or less if in

foreign state)

Up to 30% as per contract

1% on judgments up to $15,000

Over $15,000 an additional 2% is added to interest rate

Face amount of check plus 3x face value, not to exceed $500.

NEW MEXICO

4

6

14

8.75% or contractual

8.75% or contractual

Amount due, triple damages up to $500 per check. Req. must be met.

NEW YORK

6

6

20

16%

9%

Face value plus two times check amount up to a max. of $400 on NSF or $750 on "no account" GEN-OB.1.1-104.

NORTH CAROLINA

3

3 (UCC 4)

10

8%

8%

30 day written demand lesser of $500 or three times check amount, but not less than $100.

NORTH DAKOTA

6

6

10

(renewable)

6%

12%

Amount due, collection fees of $25 and civil penalty by civil action for lesser of $200 or three times check.

OHIO

15

15

21 (renew every 5)

15 (Judgment line renew every 5)

6%

10% or contractual

The greater of $200 or three times the amount of check and attorney fees (no max.).

OKLAHOMA

3

5 (UCC 5)

5

6% or contractual 5.63%

6% or contractual 5.63%

N/A

OREGON

6

6

10

Statutory + Judgment: 9% or contractual

Statutory + Judgment: 9% or contractual

Can recover reasonable attorney fees & statutory damages of three times the amount of the NSF check or $500 if demand letter is sent to debtor 30 days before suit is filed.

PENNSYLVANIA

4

4

4

6%

6%

N/A

RHODE ISLAND

10

10

20

12%

12%

Amount of check, 25 fee and treble damage up to $1,000.

SOUTH CAROLINA

3

3

10

8.75%

12%

Reasonable court costs, amount of check and damages up to $500 or three times check amount whichever is smaller.

SOUTH DAKOTA

6

3

20

12%

10%

N/A

TENNESSEE

6

6

10

10%

10% or contractual

Amount of check, plus 10% interest and reasonable service charges, attorney fees & court costs, or treble damages up to $500 plus fees & costs.

TEXAS

4

4

10

6-18%

5.5%

N/A

UTAH

4

6

8

10%

3.41%

Certified statutory bad check notice must be sent. Amount due, interest, court costs, reasonable attorney fees, plus damage equal to or greater of $100 or three times check amount (not to exceed check amount plus $500).

VERMONT

6

6

8

12%

12%

Court costs, amount of check, attorney fees, damage of $50. (Notices required)

VIRGINIA

3

5

20

8%

9% or contractual

Lesser of $250 or three times check amount.

WASHINGTON

6

6

10

12%

12%

Interest rate specified in instrument or, if no specified rate, 12% interest plus collection costs up to $40. If taken to court, reasonable attorney fees, three times value or up to $800. Now have 6 years to enforce.

WEST VIRGINIA

5

10

10

6% or contractual (contract rate can vary between 18% and 31% max.)

10%

Amount due, service charge up to $10. If check under $500, misdemeanor. Over $500, felony.

WISCONSIN

6

6

20

20 (or foreign if less)

5%

12%

Amount of check plus actual damages plus exemplary damages up to three times value of check. Limited to $300.

WYOMING

8

7%

10% or contractual

Three times amount of check but not less than $100 plus collection fee of $30.

PUERTO RICO

15

N/A

15

6% (changes every 6 months)

Regulated by Board of Financial Institutions

See articles 1851-1856 of the Puerto Rico Penal Code.