NSF Check Collection
Oliver Adjustment does handle NSF checks. If the delinquent check is not paid using normal collection methods, a determination is made as to whether or not a lawsuit is necessary. If it is determined that legal action is needed, we front all costs and retain legal counsel to represent you in court. In all cases, due to the increase in fees associated with legal proceedings, every effort is made to collect the account prior to seeking a legal remedy to collect the balance due.
Delinquent Checks and Wisconsin State Law:
Per Wisconsin State Law:
The check writer is liable for all reasonable costs and expenses in connection with the collection of the check or draft. Wis. Stat. 403.414 Sec. (7).
In certain limited situations, a person who receives a worthless check (i.e., payee) can hold the writer of the check liable for additional damages. In these situations the payee may bring a civil action under section Wis. Stat. 943.245(1m). If a judgment is awarded to the payee under Wis. Stat. 943.245 the court may award:
a) The face value of the check;
b) Any actual damages not covered in item (a);
c) Exemplary damages of not more than three (3) times the amount of items a) and b);
d) Court costs and reasonable attorney fees;
e) Total awarded for exemplary damages and attorney fees may not exceed $500 per check.
