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A Charge for NSF Checks

Can I charge my customers for overdrawn checks in my account, due to NSF checks they wrote to me?


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The state law will probably not permit you to charge your customers when your account goes overdrawn, even if the overdraft is caused because a deposited customer check bounces. Managing your account balance is your responsibility, and there is no state that specifically permits you to make such a charge.

Most states, however, will allow a business to impose a bounced check fee on its customers. Some states impose a cap on such a fee, some don't. Many businesses that impose such a fee set the amount (when they can) higher than the fee their banks charge for charging back the bounced check.

Check your state's laws relating to charging any fee for bounced checks before taking any action. If you belong to a trade association, it can be a good source for that information. Otherwise, your state's Banking Commission or Attorney General's office may have it.

Published on BankingQuestions.com 10/01/09