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Can a Creditor Get Treble Damages When Suing Over a Bad Check

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  • 08-24-2013, 07:27 PM
    Benmo13
    Can a Creditor Get Treble Damages When Suing Over a Bad Check
    My question involves small claims court in the state of: Indiana

    Hello. I have an upcoming court date where I am suing the defendant for two bounced checks in the amounts of $200 and $350. Since filing the claim in small claims court, I have become aware of something referred to as treble damages, wherein I can also seek additional compensation based on the value of the checks. My question is in three parts;
    1) I need verification of whether or not one can sue for treble damages on checks of this size in Indiana and if so,
    2) What is the actual amount I can claim in addition to the checks?
    3) Also assuming the answer to part 1 is yes... am I supposed to amend the claim when we appear in court?

    I thank you in advance for your help. I'm having a lot of trouble finding a .gov sanctioned answer on this. Several sites claim Indiana allows up to $500 per check, but I cannot find it referenced in the actual laws posted online.
  • 08-24-2013, 07:48 PM
    Lehk
    Re: NSF Checks and Treble Amounts - Indiana
    http://www.in.gov/legislative/ic/cod...6/ar2/ch7.html

    IC 26-2-7-5 explains the liability aspects.


    Quote:

    Quoting IC 26-2-7-5
    Extent of liability for stopping payment or permitting dishonor of checks
    Sec. 5. A person liable under section 4 of this chapter is also liable for all of the following:
    (1) Interest at the rate of eighteen percent (18%) per annum on the face amount of the check from the date of the check's execution until payment is made in full.
    (2) Court costs incurred in prosecuting an action that may be brought by the holder to collect on the check.
    (3) Reasonable attorney's fees incurred by the holder if the responsibility for collection is referred to an attorney who is not a salaried employee of the holder. If legal action is filed to effect collection and the collection on the check is referred to an attorney who is not a salaried employee of the holder, the holder of the check is entitled to minimum attorney's fees of not less than one hundred dollars ($100).
    (4) Actual travel expenses not otherwise reimbursed under subdivisions (1) through (3) and incurred by the holder to do either of the following:
    (A) Have the holder or an employee or agent of the holder file papers and attend court proceedings related to the recovery of a judgment under this chapter.
    (B) Provide witnesses to testify in court proceedings related to the recovery of a judgment under this chapter.
    (5) A reasonable amount to compensate the holder for time used to do either of the following:
    (A) File papers and attend court proceedings related to the recovery of a judgment under this chapter.
    (B) Travel to and from activities described in clause (A).
    (6) Actual direct and indirect expenses incurred by the holder to compensate employees and agents for time used to do either of the following:
    (A) File papers and attend court proceedings related to the recovery of a judgment under this section.
    (B) Travel to and from activities described in clause (A).
    (7) All other reasonable costs of collection.

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