NOTICE |
To: (name of drawer) (name of payee) is the payee of a check you wrote for $ (amount).The check was not paid because |
you stopped payment, and the payee demands payment. You may have a good faith dispute as to whether you owe the full amount. If you do not have a good faith dispute with the payee and fail to pay the payee the full amount of the check in cash, a service charge of an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check passed on insufficient funds, and the costs to mail this notice within 30 days after this notice was mailed, you could be sued and held responsible to pay at least both of the following: |
(1) The amount of the check. |
(2) Damages of at least one hundred dollars ($100) or, if higher, three times the amount of the check up to one thousand five hundred dollars ($1,500). |
If the court determines that you do have a good faith dispute with the payee, you will not have to pay the service charge, treble damages, or mailing cost. If you stopped payment because you have a good faith dispute with the payee, you should try to work out your dispute with the payee. You can contact the payee at: |
_____ (name of payee) _____ |
_____ (street address) _____ |
_____ (telephone number) _____ |
You may wish to contact a lawyer to discuss your legal rights and responsibilities. |
(name of sender of notice) |
Ca. Civ. Code § 1719