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H0209................................by JUDICIARY, RULES AND ADMINISTRATION
CHECKS - INSUFFICIENT FUNDS - Amends existing law to provide that in small
claims action for drawing a check without funds or with insufficient funds,
the plaintiff or a collection agency may recover the amount of the check in
addition to the greater of $100 or three times the amount of the check and,
except as provided in Section 1-2304, Idaho Code, may recover no other
costs, fees, charges or damages; to provide requirements for proof of
service; and to specify the fees recoverable by the plaintiff or collection
agency in a small claims action.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 52-8-10
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Chase, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Marley, Meyer, Montgomery, Mortensen, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sellman, Smith, Smylie, Stone,
Taylor, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann
NAYS -- Barrett, Clark, Ellsworth, McKague, Moyle, Stoicheff, Tilman,
Wood
Absent and excused -- Callister, Campbell, Crow, Geddes, Kellogg,
Mader, Sali, Schaefer, Stevenson, Mr Speaker
Floor Sponsor - Sellman
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - King
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/18 Governor signed
Session Law Chapter 115
Effective: 07/01/99
H0209|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 209 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SMALL CLAIMS; AMENDING SECTION 1-2301A, IDAHO CODE, TO PROVIDE 3 THAT IN AN ACTION FOR DRAWING A CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS, 4 THE PLAINTIFF OR COLLECTION AGENCY MAY RECOVER THE AMOUNT OF THE CHECK IN 5 ADDITION TO THE GREATER OF ONE HUNDRED DOLLARS OR THREE TIMES THE AMOUNT 6 OF THE CHECK AND, EXCEPT AS PROVIDED IN SECTION 1-2304, IDAHO CODE, MAY 7 RECOVER NO OTHER COSTS, FEES, CHARGES OR DAMAGES AND TO PROVIDE REQUIRE- 8 MENTS FOR PROOF OF SERVICE; AND AMENDING SECTION 1-2304, IDAHO CODE, TO 9 SPECIFY THE FEES RECOVERABLE BY THE PLAINTIFF OR A COLLECTION AGENCY IN A 10 SMALL CLAIMS ACTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 1-2301A, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 1-2301A. DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS -- CIVIL LIA- 15 BILITY. In any action against a person who makes any check, draft or order for 16 the payment of money which has been dishonored for lack of funds or credit to 17 pay the same, or because the maker has no account with the drawee, the plain- 18 tiff, or a collection agency with a permit issued to it pursuant to section 19 26-2229, Idaho Code, which is attempting to collect the dishonored check under 20 a written agreement with the payee or holder of the check, may recover from 21 the defendantdamages in anthe amount of the check, draft 22 or order and, in addition thereto, the greater of the amount23equal toof one hundred dollars ($100) ortriple24three (3) times the amount for which the check, draft or 25 order is drawn, whichever is greater. Except as provided in 26 section 1-2304, Idaho Code, the plaintiff or collection agency may recover no 27 other costs, fees, charges or damages. However, damages recovered under 28 the provisions of this section shall not exceed by more than five hundred dol- 29 lars ($500) the value of the check, draft or order and may be awarded only if 30 the plaintiff made written demand of the defendant for payment of the amount 31 of the check, draft or order not less than ten (10) days before commencing the 32 action, and if the defendant failed to tender to the plaintiff, prior to com- 33 mencement of the action, an amount of money not less than the amount demanded. 34 The written demand required by this section shall be sent to the maker by cer- 35 tified mail at his last known address and shall fully advise the maker of the 36 check, draft, or order of the consequences of failure to make prompt payment 37 under this section. The plaintiff or collection agency must show proof 38 of service by producing a copy of a signed return receipt or affidavit of per- 39 sonal service. 40 SECTION 2. That Section 1-2304, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 1-2304. FEE SOF OFFICER SERVING NOTICE2 RECOVERABLE BY PLAINTIFF OR COLLECTION AGENCY .The officer serv-3ing such notice shall be entitled to receive fromIn addition 4 to the amount of any judgment entered for the plaintiffthe same5or a collection agency, the plaintiff or the collection agency 6 may recover the lesser of the actual feesas are allowed7 paid by the plaintiff or the collection agency forother8service of processfrom the district court, which sum9 upon the defendant or twenty-five dollars ($25.00), whether service is 10 by a public officer or other person , together withthe11 court filing fee s.named in section 1-2303,12shall be added to any judgment given the plaintiff.No other 13 costs, fees or charges shall be taxed as costs in the proceeding except as 14 otherwise provided in rule 81 of the Idaho rules of civil procedure.
STATEMENT OF PURPOSE
RS08947
This legislation provides that the plaintiff or a collection agency in a
small claims action to collect on an insufficient funds check may
recover the amount of the check in addition to damages in the amount of
$100 or three times the amount of the check, whichever is greater. The
statute was previously unclear as to whether the amount of the check
could be recovered in addition to damages. The legislation further
provides that these are the only costs, fees, damages or charges which
may be recovered in the action, except as provided in Section 1-2304,
Idaho Code. That section is amended to clarify that the plaintiff or a
collection agency may recover, in addition to the amount of the
judgment, the lesser of the actual fees for service of process on the
defendant or $25.00 and court filing fees. No other fees or costs are
recoverable, except as provided in Rule 81 of the Idaho Rules of Civil
Procedure. Rule 81 I.R.C.P. governs small claims actions, executions on
small claims judgments (for which certain costs are recoverable) and
appeals from small claims judgments (certain costs on appear are
recoverable).
FISCAL NOTE
There is no fiscal impact on the general fund.
CONTACT: Representative Sher Sellman
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 209