San Francisco — Checklist for Court Judgment - Bad Check

Source: https://sf.courts.ca.gov/system/files/sfciv-006-checklist-court-judgment-bad-check.pdf

Superior Court of California COUNTY OF SAN FRANCISCO

400 McAllister Street, San Francisco, CA 94102 Phone: 415-551-4000 | Website: https://sfsuperiorcourt.org

CHECKLIST FOR COURT JUDGMENT- BAD CHECK

CCP §1719 provides that any person who passes a check that is returned for non-sufficient funds ("NSF") or because the maker has no account or stops payment on a check without proper justification, and who fails to pay the amount of the check plus service charges and mailing costs, in cash, to the payee within thirty (30) days following a written demand sent to the maker by certified mail, can be sued for statutory damages by the check's payee.

Case Number:

1. Original check(s) ☐ Yes ☐ No
A. If NOT, Declaration and Order re: unavailability of original filed? ☐ Yes ☐ No

2. Bank dishonored check for:
A. Insufficient funds ☐ Yes ☐ No
B. Stop payment ☐ Yes ☐ No

(If “stop payment”, then convert to Court Judgment; 585 Declaration for Judges review.) ☐ Yes ☐ No

3. Copy of Demand letter ☐ Yes ☐ No

4. Signed certified mail receipt submitted ☐ Yes ☐ No

5. Complaint filed no sooner than 30 days from date of mailing ☐ Yes ☐ No

6. Does Demand letter include a warning that, in addition to the amount of the check, defendant is
liable for damages of at least $100. If higher, 3x the amount of the check –up to $1500, plus mail
costs? ☐ Yes ☐ No

7. Demand letter demands that defendant pay exact amount of check only ☐ Yes ☐ No
(no added bounced check fee)

8. Treble damages requested (cannot exceed $500.00 for each check) ☐ Yes ☐ No
Treble Damages Awarded = $

CHECKLIST FOR COURT JUDGMENT- BAD CHECK

SFCIV-006 Rev. Mar-12-2020

Case Number:

9. Prejudgment interest

Prejudgment interest requested (10% after 01-01-1986): $ (____________% X _____________ days-due to Judgment)

Check #: Signed: Dishonored:

Total Prejudgment Interest Awarded = $

Date: Signature Printed Name:

FOR COURT USE ONLY

Date: Clerk: CHECKLIST FOR COURT JUDGMENT- BAD CHECK SFCIV-006 Rev. Mar-12-2020