Chapter 712: CIVIL LIABILITY FOR BAD CHECKS HEADING: PL 1989, C. 357 (NEW)
§6071. Civil penalties for bad checks
1.Recovery of costs.
In any action against a person liable for a dishonored check, the holder may recover
the amount of the check, the court costs and the processing charges incurred by the
holder, plus interest at the rate of 12% per annum from the date of dishonor if:
A. The holder gives notice pursuant to section 6073 for payment of the check; and [1995, c. 288, §1 (AMD).]
B. The person liable fails to tender the amount of the check, plus bank fees and mailing
costs, within l0 days of receiving the notice set forth in section 6073. [1995, c. 288, §1 (AMD).]
1995, c. 288, §1 (AMD)
If the person liable does not pay the amount of the check, plus costs and interest,
before the hearing, then the court may award reasonable attorney's fees to the prevailing
party. In addition, the court may award to the holder of the check a civil penalty,
not to exceed $150, to be paid by the person liable for the check.
2009, c. 495, §1 (AMD)
Nothing in this chapter supersedes the terms of a written agreement between the
1995, c. 288, §1 (AMD)
As used in this chapter, "check" means a check, draft or order for the payment of
1995, c. 288, §1 (NEW)
5.Second dishonored check.
A person who intentionally issues or negotiates a 2nd check that is dishonored to
the same payee within one year of issuing or negotiating the first dishonored check
knowing that the check will not be honored by the maker or drawee is liable to the
payee not only for the face amount of the check, the costs and attorney's fees pursuant
to subsections 1 and 2, but also for additional liquidated damages if the check is
dishonored and the drawer fails to pay the face amount of the check within 30 days
of a written demand for payment by the payee.
A. If a check is not honored by the drawee bank because the drawer has no account with
the bank, the additional liquidated damages are in an amount twice the face amount
of the check or $750, whichever is less. [2005, c. 365, §1 (NEW).]
B. If a check is not honored by the drawee bank because the drawer has insufficient
funds on deposit with the bank, the additional liquidated damages are in an amount
twice the face amount of the check or $400, whichever is less. [2005, c. 365, §1 (NEW).]
For the purposes of this subsection, a check may be considered the 2nd dishonored
check to the same payee if the first check to the same payee was not paid within 45
days of the issuance or negotiation of the first check.
2005, c. 365, §1 (NEW)
1989, c. 357, (NEW).
1989, c. 502, §D8 (AMD).
1995, c. 288, §1 (AMD).
2005, c. 365, §1 (AMD).
2009, c. 495, §1 (AMD).
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