An Act To Amend the Laws Governing Penalties for Writing Bad Checks
Maine Legislature, Session 127, LD 0577
Committee: Criminal Justice and Public Safety
Sponsors: PICCHIOTTI, ESPLING, FOLEY, GUERIN, HANINGTON, LOCKMAN, PARRY, WARD, WINSOR
Amends: 14 MRSA §6071, 14 MRSA §6073

Legislative Document 
No. 577 
H.P. 401 
House of Representatives, February 26, 2015 
An Act To Amend the Laws Governing Penalties for Writing Bad 
Checks 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PICCHIOTTI of Fairfield. 
Cosponsored by Representatives: ESPLING of New Gloucester, FOLEY of Wells, GUERIN of 
Glenburn, HANINGTON of Lincoln, LOCKMAN of Amherst, PARRY of Arundel, WARD of 
Dedham, WINSOR of Norway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6071, sub-§1, as amended by PL 1995, c. 288, §1, is further 
amended to read: 
1.  Recovery of costs.  In any action against a person liable for a dishonored check, 
the holder may recover the amount of the check, the court costs and the processing 
charges incurred by the holder, plus interest at the rate of 12% per annum from the date of 
dishonor a service charge of 5% of the face amount of the check or $30, whichever is 
greater, if: 
A.    The holder gives notice pursuant to section 6073 for payment of the check; and 
B.    The person liable fails to tender the amount of the check, plus bank fees and 
mailing costs, within l0 days of receiving the notice set forth in section 6073. 
Sec. 2.  14 MRSA §6071, sub-§2, as amended by PL 2009, c. 495, §1, is further 
amended to read: 
2.  Attorney's fees; civil penalty.  If the person liable does not pay the amount of the 
check, plus costs and interest, before the hearing, then the court may award reasonable 
attorney's fees to the prevailing party.  In addition, the court may award to the holder of 
the check a civil penalty, not to exceed $150 twice the face amount of the check or $500, 
whichever is less, to be paid by the person liable for the check. 
Sec. 3.  14 MRSA §6071, sub-§5, ¶¶A and B, as enacted by PL 2005, c. 365, 
§1, are amended to read: 
A.    If a check is not honored by the drawee bank because the drawer has no account 
with the bank, the additional liquidated damages are in an amount twice 3 times the 
face amount of the check or $750 $1,000, whichever is less. 
B.    If a check is not honored by the drawee bank because the drawer has insufficient 
funds on deposit with the bank, the additional liquidated damages are in an amount 
twice 3 times the face amount of the check or $400 $750, whichever is less. 
Sec. 4.  14 MRSA §6073, sub-§3, as amended by PL 1995, c. 288, §3, is further 
amended to read: 
3.  Processing and service charges; and 
Sec. 5.  14 MRSA §6073, sub-§4, as amended by PL 1995, c. 288, §3, is repealed. 
Sec. 6.  14 MRSA §6073, sub-§5, as amended by PL 2009, c. 495, §2, is further 
amended to read: 
5.  A penalty not to exceed $150 $500. 
SUMMARY 
This bill amends the civil penalties for issuing a check that is subsequently 
dishonored.  Current law allows a person to recover the amount of the check, the court 
costs and the processing charges incurred by the holder, plus interest at the rate of 12% 
per annum from the date of dishonor.  If the person liable does not pay the amount of the 
check, plus costs and interest, before the hearing, the court may award reasonable 
attorney's fees to the prevailing party plus a civil penalty, not to exceed $150.  A person 
who issues a 2nd dishonored check to the same payee is liable for damages of the lesser 
of 2 times the amount of the check and $750 if the person does not have an account at the 
bank from which the check is issued or $400 if there are insufficient funds to pay the 
check. 
This bill increases the civil penalty for issuing a check that is dishonored to twice the 
face amount of the check or $500, whichever is less.  This bill also imposes a service 
charge of $30 or 5% of the face amount of the check, whichever is greater, and removes 
the interest penalty.  The penalty for issuing a 2nd dishonored check to the same payee is 
increased to the lesser of 3 times the face value of the check and $1,000 if the person does 
not have an account at the bank from which the check is issued or $750 if there are 
insufficient funds to pay the check.