Tennessee Code Annotated

Tenn. Code Ann. § 47-29-101 (2026)

Liability for dishonored check - Damages

✓ current as of May 2026

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(a) A person who, having executed and delivered to another person a check or draft drawn on or payable at a bank or other financial institution, with fraudulent intent, which may be inferred as provided by § 39-14-121, either stops payment on the check or draft, or allows the check or draft to be dishonored by a financial institution because of lack of funds, failure to have an account, or lack of an authorized signature of the drawer or necessary endorser, is, if found liable to the holder on the check or draft in a civil action, liable for:
- (1) The face amount of the check dishonored;
- (2) Interest at the rate of ten percent (10%) per annum on the face amount or the remaining unpaid balance of the check or draft from the date of its execution until payment is made in full;
- (3) Any reasonable service charges incurred by the payee in attempting to obtain payment by the bank or other financial institution;
- (4) Court costs incurred in bringing the civil action which is brought by the holder to collect on the check or draft; and
- (5) Reasonable attorney fees incurred by the holder.

(b) This section does not apply to a person who has so allowed a check or draft to be dishonored if, within ten (10) days after the holder has given notice that the check or draft has not been paid by the financial institution, the person pays to the holder the full amount of the check or draft. Such a payment is effective for all purposes as of the date it is made.

(c) For purposes of this section, notice that a check or draft has not been paid by the financial institution is considered as having been given at the time that the notice was deposited in the regular United States mail, if the notice was addressed to either:
- (1) The address printed on the check or draft; or
- (2) The address given by the person in writing to the payee or holder at the time the check or draft was issued or delivered.

(d) If the person who executed and delivered the check does not pay to the holder the full amount of the check or draft within thirty (30) days following certified mailing of written notice that the check or draft has not been paid and that treble damages will be sought, upon finding of fraudulent intent, the person is liable for, and the court shall award judgment for, treble the face amount of the check or draft. However, the amount awarded in addition to the face amount of the check or draft may not exceed five hundred dollars ($500).

(e) A person must elect whether to pursue the claim either under this section or under title 39, chapter 14, part 1.

(f) Subsection (d) does not apply to a person who has allowed a check or draft to be dishonored because of lack of funds, if that person reasonably believed that there were sufficient funds in the account to cover the check or draft or if the insufficiency of funds is caused by the dishonoring of a check or draft from a third party that had been deposited into the account of the person who executed the check.

Acts 1988, ch. 868, § 5; 1996, ch. 675, §48; 2007 , ch. 241, § 1.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1998–2024 · leading case: Thompson v. Adcox, 63 S.W.3d 783 (Tenn. Ct. App. 2001).

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Thompson v. Adcox, 63 S.W.3d 783 (Tenn. Ct. App. 2001). · cites it 20× “The plaintiffs suit was brought pursuant to T.C.A. § 47-29-101 (Supp.2000), a statute dealing with dishonored checks and drafts.”

Concrete Spaces, Inc. v. Sender, 2 S.W.3d 901 (Tenn. 1999). · cites it 2× “1998) (court shall award treble damages when a prevailing party proves fraud relative to a sales contract for cemetery merchandise and services); Tenn. Code Ann. § 47-29-101 (d) (Supp.1998) (court shall award as damages treble the face amount of a check or draft when person who…”

Suncor Energy (USA), Inc. v. Aspen Petroleum Prods., Inc., 178 P.3d 1263 (Colo. Ct. App. 2008). “065 ; Tenn.Code Ann. § 47-29-101. This phraseology appears to be a usage peculiar to the Colorado statute.”

In Re Brigance, 219 B.R. 486 (Bankr. W.D. Tenn. 1998). “§ 47-29-101, et seq. 3 . In these cases, none of the checks which is at issue has actually been presented for payment, so they have not been returned due to insufficient funds.”

Harpeth Fin. Servs., LLC v. Jim Clay Pinson, Jr. (Tenn. Ct. App. 2021). · cites it 9× “See Tenn. Code Ann. § 47-29-101 (a) (2013) (providing remedies to the holder of a check when the check’s maker stops payment on the check with fraudulent intent).”

Tom Albert v. Pat Frye (Tenn. Ct. App. 2006). · cites it 12× “-4- In addition to seeking a judgment on the check in the amount of the check, as stated in paragraph four under the prayer for relief, the Alberts also sought damages that Tenn. Code Ann § 47-29-101 afforded. Vernon Frye misconstrued the additional demands for relief pursuant…”

George T. Haynie, Jr. v. Ricky Bell, Warden, & the State of Tennessee (Tenn. Crim. App. 2007). · cites it 6× “Whether the election provision of Tenn. Code Ann. § 47-29-101 (e) has the effect of divesting the Circuit Court of subject matter jurisdiction to adjudicate a criminal matter filed against a person pursuant to Tenn.”

Mathews Constr., Inc. v. Kennedy Omanwa (Tenn. Ct. App. 2019). · cites it 2× “section 47-29-101 the Court finds the plaintiff is entitled to a judgment in the amount of $27,296.”

Charlene C. Bradford v. Josh Terry (Tenn. Ct. App. 2021). · cites it 2× “See Tenn. Code Ann. § 47-29-101 (2013). They claimed that, by her actions, Ms.”

Downs v. Rowdy Livestock, LLC (M.D. Tenn. 2024). · cites it 2× “Collection on Bad Checks (Count I) Plaintiffs bring a claim for collection on bad checks under Tenn. Code Ann. § 47-29-101 and, in the alternative, under Ky.”

Norman C. Loggins v. First Tennessee Bank, N.A. (Tenn. Ct. App. 2012). “FTB counter-claimed and asserted claims for conversion, unjust enrichment, and violation of Tennessee Code Annotated § 47-29-101. On January 13, 2012, the trial court entered an order granting FTB’s motion to strike Mr.”

— Tenn. Code Ann. § 47-29-101(a) — 2 cases

Harpeth Fin. Servs., LLC v. Jim Clay Pinson, Jr. (Tenn. Ct. App. 2021). “See Tenn. Code Ann. § 47-29-101 (a) (2013) (providing remedies to the holder of a check when the check’s maker stops payment on the check with fraudulent intent).”

Tom Albert v. Pat Frye (Tenn. Ct. App. 2006). “-4- In addition to seeking a judgment on the check in the amount of the check, as stated in paragraph four under the prayer for relief, the Alberts also sought damages that Tenn. Code Ann § 47-29-101 afforded. Vernon Frye misconstrued the additional demands for relief pursuant…”

— Tenn. Code Ann. § 47-29-101(a)(1) — 1 case

— Tenn. Code Ann. § 47-29-101(a)(2) — 1 case

— Tenn. Code Ann. § 47-29-101(d) — 1 case

Thompson v. Adcox, 63 S.W.3d 783 (Tenn. Ct. App. 2001). “The plaintiffs suit was brought pursuant to T.C.A. § 47-29-101 (Supp.2000), a statute dealing with dishonored checks and drafts.”

— Tenn. Code Ann. § 47-29-101(e) — 1 case

George T. Haynie, Jr. v. Ricky Bell, Warden, & the State of Tennessee (Tenn. Crim. App. 2007). “Whether the election provision of Tenn. Code Ann. § 47-29-101 (e) has the effect of divesting the Circuit Court of subject matter jurisdiction to adjudicate a criminal matter filed against a person pursuant to Tenn.”

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