Massachusetts General Laws
Chapter 93 - Regulation of Trade and Certain Enterprises
Section 40a - Dishonored Checks; Demand for Payment

Section 40A. Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more than five hundred dollars.
The written demand for payment required by this section shall be in the following form and shall be printed in at least ten point type in both the English and Spanish languages:
DEMAND FOR PAYMENT OF DISHONORED CHECK
DATE:_________________________________
TO:___________________________________
NAME OF MAKER
WARNING: YOU MAY BE SUED 30 DAYS AF-
TER THE DATE OF THIS NOTICE IF YOU DO
NOT MAKE PAYMENT
_______________________________________
_______________________________________
_______________________________________
LAST KNOWN RESIDENCE ADDRESS OR PLACE OF BUSINESS
YOUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $___________
DATED _________ PAYABLE TO THE ORDER OF ________________
HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN DRAWN BECAUSE:
— THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY
— THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR DEPOSITORY
IF YOU DO NOT MAKE PAYMENT WITHIN THIRTY DAYS OF THE ABOVE DATE, YOU MAY BE SUED TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00).
PLEASE MAKE PAYMENT IN THE AMOUNT OF $_____________ TO:
_______________________________________
NAME OF PAYEE
_______________________________________
_______________________________________
_______________________________________
ADDRESS TO WHICH PAYMENT SHOULD BE DELIVERED

Structure Massachusetts General Laws