TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 22

MONEY OF ACCOUNT AND INTEREST

28-22-106.  Statutory form for notice of dishonor. The notice of dishonor shall be sent either:

(1)  By certified mail to the drawer at his last known address, or

(2)  By regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check.

(a)  The affidavit of service by mailing shall be retained by the payee or holder of the check.

(b)  Notice shall be deemed conclusive three (3) days following the date the affidavit is executed.

(c)  The affidavit of service shall be substantially in the following form:

STATE OF            )            AFFIDAVIT OF SERVICE

)                 BY MAIL

COUNTY OF           )

……………….., being first duly sworn on oath, deposes and states that he/she is of legal age and that on (date)………., …., he/she served the attached Notice of Dishonor, by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:

…………………………

…………………………

…………………………

…………………………

and deposited the same, with postage prepaid, in the United States mail at ………………….., ………………….

Subscribed and sworn to before me this …. day of …………, …..

(SEAL)

(3)  The notice of dishonor shall be substantially in the following form:

NOTICE OF DISHONOR OF CHECK

     A check drawn by you and made payable by you to ………. in the amount of ………. has not been accepted for payment by ………., which is the drawee bank designated on your check. This check is dated ………., and it is numbered, No. ………

     You are CAUTIONED that unless you pay the amount of this check within fifteen (15) days after the date this letter is postmarked, you may very well have to pay the following additional amounts:

     (1)  Costs of collecting the amount of the check, including an attorney fee which will be set by the court; and

     (2)  Interest on the amount of the check which shall accrue at the rate of twelve percent (12%) per annum from the date of dishonor.

     You are advised to make your payment to ………. at the following address: ………..

(4)  The issuance of a check with an address printed or written on it is a representation by the drawer that the address is the correct address for receipt of mail concerning the check. Failure of the drawer to receive a regular or certified mail notice sent to that address is not a defense to liability under this section provided the drawer has had actual notice for fifteen (15) days that the check has been dishonored.

(5)  The check is prima facie evidence of the identity of the drawer if the name, home or work address, and home or work telephone number of the drawer are either recorded by the person receiving the check or printed on the face of the check.

History:

[28-22-106, added 1994, ch. 185, sec. 2, p. 605; am. 2002, ch. 288, sec. 3, p. 835.]