How To Collect On A NSF Check in Louisiana
Send Written Demand For Payment on NSF CheckUpon receipt of an NSF check, you should send the party who drafted the check a written demand for payment of the check amount. The demand must meet specific statutory requirements, must provide the drafting party 15 days from receipt of the demand to make payment, and must be delivered certified or registered mail. The specific form for the demand is provided in La R.S. 9:2782, which is linked below in the additional resources, and can be found here: http://www.legis.state.la.us/lss/newWin.asp?doc=107207
After 15 Days, Send Additional Demands or File Suit15 days after delivery of the written demand, if payment has not been made on the instrument, you can continue attempts at sending written demand or file a lawsuit to enforce your right to payment on the NSF check. Unlike your earlier 15-day demand, this time, you'll be able to demand the penalties available to you pursuant to the NSF Check statute. These penalties are explained in the next step.
What Are You Entitled To?La R.S. 9:2782(A) provides that if a dishonored check is not paid within 15 days after receipt of proper written demand, the drafting party will be responsible to you for damages of "twice the amount" of the check, plus attorneys fees and court costs.