How To Create a Non-Sufficient Funds Demand Letter

Breach of Contract How To Create a Non-Sufficient Funds Demand Letter

A Guide to Preparing a Non-Sufficient Funds Demand Letter

Cash transactions are no longer the most common payment method, and customers often pay for services or goods with credit cards and checks. If deferred payment is not completed—i.e., the check bounces—you should send a non-sufficient funds demand letter.

Register for DoNotPay to draft a solid demand letter for this breach of contract situation and:

Why Should You Send a Bad Check Demand Letter?

When a check bounces, it means a bank cannot process it. While there are different reasons for this situation, it is usually because the person who wrote the check does not have enough funds in their account or has:

  • Closed the account
  • Given you a fraudulent check
  • Requested a stop payment from the bank

Since you—as the receiver of the check—have a deficient payment together with a non-sufficient funds fee for a bounced check, you need to convince the breaching party to:

  1. Make the payment again
  2. Compensate you for any additional expenses

The best option to get in touch with your client is by sending them a demand letter informing them that they are in breach of contract since they have:

  • Received goods or services from you
  • Not provided payment, i.e., have not performed their contractual obligations

The Dos and Don’ts of a Hot Check Demand Letter

To understand better what you should and should not use in a non-sufficient funds demand letter, take a look at the following table:

You ShouldYou Should Not
  • Use a polite tone—Since a bouncing check might be a mistake, you should keep a professional relationship with your customer
  • Check your state limits on bounced check fees—Before asking the client to cover the non-sufficient funds fees, you should check what your state maximum amounts are
  • Sound aggressive or threatening—You should strive to maintain a professional tone since:
    • You don’t want to alienate your client
    • The judge might examine the letter if you take the case to court
  • Be overly detailed—While you should present the facts, you do not have to go into too many details as the basic data will:
    • Refresh your client’s memory
    • Be enough for the customer to check with their bank whether this is an oversight

A Sample of a Bad Check Demand Letter

When preparing a non-sufficient funds demand letter, you could use demand letter samples and templates as a guide, but make sure you provide the following:

  • Date—While a date might seem irrelevant, you need to ensure to include it in your demand letter. It can be used as evidence if you end up suing for breach of contract
  • Delivery address—Keep in mind that you should provide the address where you want the client to send or hand-deliver the payment. You do not want them to waste time searching for the venue
  • Contact phone and email—You could provide contact details for the client if they decide to get in touch with you
  • Bounced check details—To remind your client of the deal you had, you should include the details of the check, such as:
    • Amount
    • Date
    • Payee’s name
    • Name of the bank that returned the check
  • Payment deadline—You should specify how long your client has to make the payment
  • Additional costs—If you would like the breaching party to settle any extra expenses you have had due to the bounced check, you need to list the exact amounts. These figures can include:
    • Bad check fees the bank has charged you for processing
    • Costs of mailing the demand letter
    • Additional damages or penalties (you need to consult your state laws if you decide to include penalties)

DoNotPay Generates Convincing Demand Letters

Since drawing up a demand letter is demanding, you should use the assistance of our AI-powered app. We possess a vast database with relevant state laws and will make sure your letter complies with them (regardless of the type of breach—material, anticipatory, or any other).

Here is what you should do—register for DoNotPay and follow these steps:

  1. Access our Client Breach of Contract product
  2. Enter the specifics of your agreement, including:
    1. Name of your customer
    2. Terms of the agreement
    3. Payment deadline
    4. Amount the other party owes you
  3. Provide the final payment date
  4. Upload any documents to support your claim, if possible

Once you have entered the details, DoNotPay generates a demand letter you can mail to your customer right away.

What To Do Before and After Sending a Non-Sufficient Funds Demand Letter

Here are some steps you could take before and after sending a hot check demand letter:

Before Mailing the LetterAfter Sending the Letter
You should:

  1. Verify there are insufficient funds in the account—You should call the bank that issued the check as:
    1. An overdraft might have been a mistake
    2. Your customer could already have resolved the problem
  2. Use certified mail—Sending a letter by certified mail provides a clear record of your actions in case you start a lawsuit
If the deadline you have indicated in your demand letter has passed, you could:

  1. Send a final demand letter—You could give your client another chance and state clearly that you will sue them if they refuse to settle their debt
  2. Contact a collection agency—Keep in mind that debt collectors charge a fee or take a percentage of the collected money
  3. Sue them for damages and seek legal remedies—DoNotPay can help you sue the client in small claims courts

Keep in mind that at a court of law, you will need to:

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Keeping up with clients can be challenging, especially if each has a preferred method of communication. Luckily, our multifunctional app makes it easy to both fax and mail contracts, letters, and documents.

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Thanks to DoNotPay, there is no need for back-and-forth communication. We will handle the necessary demand letters and forward them on your behalf.

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