Thursday, October 22, 2026.

When a check comes back, most owners eat it. Arizona has a civil statute that lets you ask for twice the amount, and the whole thing turns on a twelve day clock most people never start.

THE STATUTE

A.R.S. section 12-671, Civil liability for drawing a check or draft without sufficient funds.

WHAT IT GIVES YOU

Subsection A. A person who, with intent to defraud, draws a check knowing there are insufficient funds or credit is liable to the holder for twice the amount of the check, or fifty dollars, whichever is greater, plus court costs and reasonable attorney's fees. Total recovery is two times the check.

THE PART THAT DOES THE WORK

Subsection C. You do not have to prove what was in someone's head. Proof that there were insufficient funds at presentment, plus failure to pay within twelve days after receiving notice, is prima facie evidence of intent to defraud.

The twelve days runs from when they RECEIVE the notice, not from when you mail it. The signed return receipt is the only thing that proves when the clock started.

HOW THE NOTICE HAS TO BE SENT

Subsection E. In person, or in writing by certified mail, return receipt requested, to the address as it appears on the check. The address on the check controls, not any other address you have.

THE ROUTINE

(1) The check comes back.

(2) Send the certified notice that week.

(3) Count twelve days from the signature date on the return receipt.

(4) If they pay inside twelve days it is over. If they do not, the record is already built.

TWO THINGS TO WATCH

Subsection F. This is the civil statute. It does not apply to any criminal case. Arizona's criminal bad check provisions are separate, at A.R.S. section 13-1808. Do not reference criminal charges in a collection notice.

Doubling can carry you past the small claims limit. Arizona small claims is $5,000 or less, A.R.S. section 22-503(A). A $3,000 check doubles to $6,000, which moves the case to the civil division of justice court where attorneys are allowed. That matters, because this statute pays attorney's fees and small claims bars attorneys under A.R.S. section 22-512(B).

TODAY'S PROMPT: BAD CHECK NOTICE

Get it at DamonCharlesWilliams.com.

This is Arizona. Every state has its own bad check statute, and the multiplier and the notice window are different. Look up yours. This episode is information, not legal advice.