Upon receipt of a NSF check, you should deliver written demand upon the party who drafted the check. The Oregon statutes are not very detailed about what should go into the demand, or how it should be sent. Further, the demand must only be sent thirty-days prior to filing a lawsuit to collect on the check. It's a good idea to send any written demands via certified mail, with return receipt requested, so you can prove the parcel was mailed and delivered. The demand should also identify the NSF check, and advise the receiving party that failure to make payment within 30 days may result in a lawsuit against them for the amount of the check, statutory penalties, costs and attorneys fees.
File Lawsuit To Collect
If you've sent written demand as per Step 1, and didn't get a response within 30 days, your next step is to file a lawsuit to collect on the check. In the lawsuit, you will seek the value of the check, statutory penalties, costs of the litigation, interest on the check and attorneys fees.
What Are You Entitled To?
The Oregon statutes issues penalties against those who draft NSF checks in steps. First, if the drafter pays the check amount after receiving the written demand, they need only pay the check amount, interest on the check as of the date of the demand, and a reasonable handling fee not to exceed $25. Second, if a lawsuit is required, the drafter must pay the amount of the check, interest, the handling fee, attorneys fees and costs. Third, and finally, if there is a judgment against the drafter, the drafter must pay all the foregoing expenses as well as a penalty of $100 or triple the check amount (not to exceed $500), whichever is greater.
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