A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE REMEDIES AND PENALTIES FOR WORTHLESS CHECKS ALSO APPLY WHEN A CHECK THAT HAS BEEN PAID IN FULL IS PRESENTED AGAIN FOR PAYMENT AND TO PROVIDE THAT CHECKS REFUSED TO BE HONORED BY A BANK MAY BE SUBMITTED AS EVIDENCE IF THEY ARE STAMPED OR MARKED WITH ONE OF A NUMBER OF DIFFERENT LISTED TERMS.
Amends GS 6-21.3(a), providing that any person, firm, or corporation that knowingly draws, makes, utters, or issues and delivers to another any check that has previously been presented and honored for the payment of money or its equivalent will be liable to the payee for the following: (1) the amount owing on the check, the service charges, and processing fees and (2) additional damages of three times the amount owing on the check, not to exceed $500 or to be less than $100.
Sets out the procedure for demanding the damages, including initial and subsequent demand letters and steps that can be taken after the sending of or failure of the demand letters.
Amends GS 6-21.3(d), establishing that the remedies provided in this section also apply to checks that have been presented with the knowledge that the check had previously been presented and honored for the payment of money or its equivalent (previously, only applied to checks that were drawn, made, uttered or issued with the knowledge there were insufficient funds in the account).
Amends GS 14-107 (Worthless checks; multiple presentment of checks), providing that it is illegal for any person, firm or corporation, to draw, make, utter or issue and deliver to another, any check or draft on any bank or depository, for the payment of money or its equivalent, or to solicit, aid, or abet another person, firm or corporation to do the same when, knowing at the time, the check has been previously presented for the payment of money or its equivalent. Such a violation is a Class 1 felony if the amount of the check or draft is more than $2,000, if less, then it is a misdemeanor, punishable as specified (previously, the provisions of this section only applied to checks that were drawn, made, uttered or issued with the knowledge there were insufficient funds in the account).
Effective December 1, 2013 and applies to offense committed on or after that date.
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