TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 23

SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION

1-2301A.  Drawing check without funds or insufficient funds — Civil liability. In any action filed in the small claims department against a person who makes any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker has no account with the drawee, the plaintiff, or a collection agency with a license issued to it pursuant to section 26-2225, Idaho Code, which is attempting to collect the dishonored check under a written agreement with the payee or holder of the check, may recover from the defendant the amount of the check, draft or order and, in addition thereto, the greater of the amount of one hundred dollars ($100) or three (3) times the amount for which the check, draft or order is drawn. Except as provided in section 1-2304, Idaho Code, the plaintiff or collection agency may recover no other costs, fees, charges or damages. However, damages recovered under the provisions of this section shall not exceed by more than five hundred dollars ($500) the value of the check, draft or order and may be awarded only if the plaintiff made written demand of the defendant for payment of the amount of the check, draft or order not less than ten (10) days before commencing the action, and if the defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount demanded. The written demand required by this section shall be sent to the maker by certified mail at his last known address, or by regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check as provided in section 28-22-106, Idaho Code, in which case the demand shall be deemed conclusive three (3) days following the date the affidavit is executed. The written demand shall fully advise the maker of the check, draft, or order of the consequences of failure to make prompt payment under this section. The plaintiff or collection agency must show proof of service by producing a copy of a signed return receipt or affidavit of personal service.

History:

[(1-2301A) 18-3107, added 1982, ch. 156, sec. 1, p. 422; am. and redesignated as sec. 1-2301A, 1983, ch. 192, sec. 2, p. 521; am. 1996, ch. 373, sec. 1, p. 1269; am. 1999, ch. 115, sec. 1, p. 349; am. 2001, ch. 22, sec. 1, p. 28; am. 2002, ch. 288, sec. 1, p. 834; am. 2008, ch. 347, sec. 32, p. 958.]