Idaho State Statutes - Idaho Attorney Directory

DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS -- CIVIL
LIABILITY. In any action filed in the small claims department against a person
who makes any check, draft or order for the payment of money which has been
dishonored for lack of funds or credit to pay the same, or because the maker
has no account with the drawee, the plaintiff, or a collection agency with a
permit issued to it pursuant to section 26-2229, Idaho Code, which is
attempting to collect the dishonored check under a written agreement with the
payee or holder of the check, may recover from the defendant the amount of the
check, draft or order and, in addition thereto, the greater of the amount of
one hundred dollars ($100) or three (3) times the amount for which the check,
draft or order is drawn. Except as provided in section 1-2304, Idaho Code, the
plaintiff or collection agency may recover no other costs, fees, charges or
damages. However, damages recovered under the provisions of this section shall
not exceed by more than five hundred dollars ($500) the value of the check,
draft or order and may be awarded only if the plaintiff made written demand of
the defendant for payment of the amount of the check, draft or order not less
than ten (10) days before commencing the action, and if the defendant failed
to tender to the plaintiff, prior to commencement of the action, an amount of
money not less than the amount demanded. The written demand required by this
section shall be sent to the maker by certified mail at his last known
address, or by regular mail, supported by an affidavit of service by mailing,
to the address printed or written on the check as provided in section
28-22-106, Idaho Code, in which case the demand shall be deemed conclusive
three (3) days following the date the affidavit is executed. The written
demand shall fully advise the maker of the check, draft, or order of the
consequences of failure to make prompt payment under this section. The
plaintiff or collection agency must show proof of service by producing a copy
of a signed return receipt or affidavit of personal service.

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