Bad Check Remedies

If you receive a check that is not honored because the writer lacked sufficient funds or credit in the drawee account to pay the check or because the writer did not have an account with the institution the check was drawn on, the law of Missouri in Section 570.123, Missouri Revised Statues (RSMO), provides you with a choice of remedies:
Civil Action for Money
If you choose to pursue your civil remedy, you would take these steps:
  1. By certified or registered mail, send a notice that the check did not clear and a written demand for payment within 30 days to the maker of the check and to any endorser of the check at the address appearing on the check or to the last known address of each person. Keep a copy of the letter, the stub from the certified or registered mail form, and the green postcard if it is returned to you.
  2. If you do not receive payment within 30 days, file suit. You can represent yourself in small claims court if the amount of money you seek is not greater than $1,500.
  3. In addition to the face amount of the check you can ask for a penalty of 3 times the face amount of the check, but not less than $100 and not more than $500. You can also ask for attorney fees incurred in bringing the action if you have an attorney.
  4. When you have obtained a judgment, you will have to collect it if the writer does not pay it voluntarily.