Bad Check or Bounced Payment
If someone paid you with a check that bounced (NSF — non-sufficient funds) and refuses to make good on the payment, you can sue in small claims court. Some states allow you to recover additional (statutory) damages beyond the check amount — check your state's rule.
Typical claim amount
$100 – $5,000
Statute of limitations category
Written contract (varies by state)
See your state's small claims rules
Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.
How much to ask for
Start with the face amount of the check — what you were owed. Then check your state's bad-check law, since many allow extra statutory damages (often a multiple of the check amount) plus any bank fees you were charged for the returned check. Many states require you to send a specific written demand and wait a set period before you can claim those extra damages. Add the bank fees you can document.
How to pursue this claim, step by step
- 1
Save the bounced check (or a copy), your bank's NSF notice, and proof of what the check was paying for.
- 2
Look up your state's bad-check statute to see what statutory damages and notice steps apply.
- 3
Send the written demand your state requires, asking for the check amount plus allowable damages, and wait the required period.
- 4
Tally your claim: the face amount, any statutory damages your state allows, and documented bank fees.
- 5
Confirm you're within the deadline to sue, then file naming the check writer by their correct legal name.
- 6
At the hearing, present the check, the NSF notice, proof of what it was for, and a copy of your demand letter.
Common examples
Customer paid for goods or services with a bad check
Rent check bounced and tenant won't replace it
Payment for a private sale (car, furniture) bounced
Business payment was returned for insufficient funds
Someone intentionally wrote a check they knew would bounce
Evidence you should gather
The stronger your evidence, the better your chances. Start collecting these items before you file:
The bounced check (or a copy)
Bank statement showing the returned check
NSF notice from your bank
Proof of what the check was payment for
Written demand for payment you sent
Any communication with the check writer
Bank fees you incurred from the bounced check
Ready to take action?
A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.
Read the demand letter guideDemand letter tip
Some states allow extra statutory damages on a bad check — sometimes a multiple of the amount. Check your state's bad-check law for the figure and the conditions, and reference your state's specific statute in your demand letter.
Read the demand letter guide →Court preparation tip
Bring the actual bounced check, your bank's NSF notice, and proof of what the payment was for. Bad check cases are usually straightforward if you have the documentation. Ask the judge for statutory damages if your state allows them.
What trips people up
Skipping the specific demand-and-wait step many states require before claiming statutory damages.
Not keeping the original check or the bank's NSF notice.
Assuming statutory damages are automatic — they depend on your state's rules and notice.
Forgetting to add documented bank fees from the returned check.
Naming the wrong party — sue the person or business that wrote the check.
Filing deadlines by state
Your statute of limitations depends on your state. Here are some examples for this type of case:
| State | Deadline | Max claim |
|---|---|---|
| Alabama | 6 years | $6,000 |
| Alaska | 3 years | $10,000 |
| Arizona | 6 years | $5,000 |
| Arkansas | 5 years | $5,000 |
| California | 4 years | $12,500 |
| Colorado | 3 years | $7,500 |
| Connecticut | 6 years | $5,000 |
| Delaware | 3 years | $25,000 |
| District of Columbia | 3 years | $10,000 |
| Florida | 5 years | $8,000 |
| Georgia | 6 years | $15,000 |
| Hawaii | 6 years | $5,000 |
| Idaho | 5 years | $5,000 |
| Illinois | 10 years | $10,000 |
| Indiana | 10 years | $10,000 |
| Iowa | 10 years | $6,500 |
| Kansas | 5 years | $10,000 |
| Kentucky | 15 years | $2,500 |
| Louisiana | 10 years | $5,000 |
| Maine | 6 years | $10,000 |
| Maryland | 3 years | $5,000 |
| Massachusetts | 6 years | $7,000 |
| Michigan | 6 years | $7,000 |
| Minnesota | 6 years | $20,000 |
| Mississippi | 3 years | $3,500 |
| Missouri | 10 years | $5,000 |
| Montana | 8 years | $7,000 |
| Nebraska | 5 years | $7,500 |
| Nevada | 6 years | $10,000 |
| New Hampshire | 3 years | $10,000 |
| New Jersey | 6 years | $5,000 |
| New Mexico | 6 years | $10,000 |
| New York | 6 years | $10,000 |
| North Carolina | 3 years | $10,000 |
| North Dakota | 6 years | $15,000 |
| Ohio | 8 years | $6,000 |
| Oklahoma | 5 years | $10,000 |
| Oregon | 6 years | $10,000 |
| Pennsylvania | 4 years | $12,000 |
| Rhode Island | 10 years | $5,000 |
| South Carolina | 3 years | $7,500 |
| South Dakota | 6 years | $12,000 |
| Tennessee | 6 years | $25,000 |
| Texas | 4 years | $20,000 |
| Utah | 6 years | $20,000 |
| Vermont | 6 years | $10,000 |
| Virginia | 5 years | $5,000 |
| Washington | 6 years | $10,000 |
| West Virginia | 10 years | $20,000 |
| Wisconsin | 6 years | $10,000 |
| Wyoming | 10 years | $6,000 |
Frequently asked questions
Can I get more than the check amount?
Often yes. Many states allow statutory damages on a bad check — sometimes a multiple of the amount — plus the bank fees you were charged. The amount and conditions depend on your state's law.
Do I have to send a demand letter first?
Frequently yes. Many states' bad-check laws require a specific written demand and a waiting period before you can claim the extra damages. Follow your state's exact steps.
Is bouncing a check a crime?
It can be in some states if the writer knew there were insufficient funds, but that's a criminal matter handled by authorities. Small claims is the civil route to recover your money.
What if the check writer says it was an honest mistake?
Statutory damages in some states require showing the writer knew the check would bounce, so intent can matter — check how your state's bad-check law treats it. You can still recover the underlying amount you were owed and your bank fees.
What evidence do I need?
The check or a copy, your bank's NSF notice, proof of what the check paid for, and a copy of your demand letter showing you followed your state's steps.
Other case types
Security Deposit Not Returned
Your landlord won't return your security deposit
Unpaid Invoice or Loan
Someone owes you money and won't pay
Car Accident Damage
Someone damaged your car and won't pay for repairs
Contractor or Repair Disputes
A contractor did poor work or didn't finish the job
Defective Product or Service
Something you bought doesn't work and the seller won't fix it
Breach of Contract
Someone broke a written or verbal agreement
Unpaid Rent (Landlord vs Tenant)
Your tenant owes rent and won't pay
Property Damage by Neighbor
Your neighbor damaged your property
Auto Repair Disputes
Mechanic overcharged, did bad work, or caused damage
Moving Company Damage
Movers broke or lost your belongings
Wedding Vendor Disputes
Wedding photographer, DJ, venue, or vendor didn't deliver
Pet-Related Disputes
Dog bite, vet malpractice, or pet purchase gone wrong
Roommate Disputes
Roommate owes rent, utilities, or damaged shared property
Online Purchase or Marketplace Disputes
Item never delivered, counterfeit, or not as described
Dry Cleaner or Laundry Damage
Dry cleaner ruined or lost your clothing
Travel and Airline Disputes
Airline, hotel, or travel company ruined your trip
Insurance Claim Disputes
Insurance company denied or underpaid your claim
Gym or Membership Cancellation
Gym or club keeps charging after cancellation
Towing and Vehicle Impound Disputes
Your car was illegally towed or you were overcharged
Home Appliance or Electronics Warranty
Manufacturer or retailer won't honor a warranty
Freelance or Gig Work Payment
Client won't pay for freelance or contract work you completed
Utility Billing Disputes
Overcharged by a utility company or service provider
Dental or Medical Billing Disputes
Overcharged for medical or dental services
Tenant Suing Landlord for Repairs
Landlord won't fix habitability issues in your rental
Last updated 2026-06-28.
General information to help you understand the process — not legal advice. Rules and dollar limits vary by state and change over time, so always confirm the current requirements with your court. See our Editorial Standards.
Ready to take action?
A demand letter is often the first step. Many bad check or bounced payment disputes are resolved without ever going to court.
Read the demand letter guide