WORTHLESS CHECK/PRESENT CASHED CHECK.

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View NCGA Bill Details2013-2014 Session
House Bill 784 (Public) Filed Wednesday, April 10, 2013
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.
Intro. by Stone, Dobson, Jordan, Carney.

Status: Ch. SL 2013-244 (House Action) (Jul 3 2013)

SOG comments (1):

Long title change

Submitted by wunsche@sog.unc.edu on

The House committee substitute to the 1st edition amends the act's title. The original long title was: 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.

Bill History:

H 784/S.L. 2013-244

Bill Summaries:

  • Bill H 784 (SL 2013-244) (2013-2014)
    Summary date: Jul 8 2013 - View Summary

    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. Enacted July 3, 2013. Effective December 1, 2013, and applies to offenses committed on or after that date.

    Banking and Finance, Criminal Law and Procedure
    GS 6, GS 14
  • Bill H 784 (2013-2014)
    Summary date: Jun 18 2013 - View Summary

    Senate amendment makes the following changes to the 3rd edition.

    Amends GS 6-21.3(e) and GS 14-107.1(e), deleting the words "wrong bank" from the  nonexhaustive list of reasons which indicate that a check or draft is dishonored.

     

     

    Banking and Finance, Criminal Law and Procedure
    GS 6, GS 14
  • Bill H 784 (2013-2014)
    Summary date: Jun 17 2013 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends GS 6-21.3, making clarifying changes, providing that a check or draft by a bank or depository, or the image of that check or draft, can be submitted as evidence for the remedy provided in the statute, if the bank or depository has returned it in the regular course of business stamped, marked, or with an attachment which indicates the reason of dishonor using certain terms, with examples given (previously, allowed a check, draft, or image of such that was refused by a bank or depository that is stamped or marked or with an attachment to be submitted as evidence for the remedy provided in the statute if, in the regular course of business, it is business stamped, marked, or with an attachment that indicates the reason for the dishonor; lists the same terms that may be used to indicate the reason for dishonor).

    Banking and Finance, Criminal Law and Procedure
    GS 6, GS 14
  • Bill H 784 (2013-2014)
    Summary date: May 6 2013 - View Summary

    House committee substitute to the 1st edition make the following changes.

    Amends GS 6-21.3 to allow a check or draft that is refused by a bank or depository that is stamped or marked or with an attachment to be submitted as evidence for the remedy provided in the statute if, in the regular course of business, it is business stamped, marked, or with an attachment that indicates the reason for the dishonor; lists terms that may be used to indicate the reason for dishonor.

    Amends GS 14-107.1(e) to make conforming changes, listing a number of terms that may be used to indicate the reason for dishonor.

    Amends that act's long title.

    Banking and Finance, Criminal Law and Procedure
    GS 6, GS 14
  • Bill H 784 (2013-2014)
    Summary date: Apr 12 2013 - View Summary

    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.

     

     

    Banking and Finance, Criminal Law and Procedure
    GS 14
View: All Summaries for Bill