TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 22

MONEY OF ACCOUNT AND INTEREST

28-22-107.  Consequences for failing to comply with requirements. No interest, collection costs and attorney’s fees shall be recovered on any dishonored check under the provisions of section 28-22-105, Idaho Code, where the holder of such check or any agent, employee or assignee of the holder has demanded:

(1)  Interest or collection costs in excess of that provided in section 28-22-105, Idaho Code; or

(2)  Interest or collection costs prior to the expiration of fifteen (15) days after the mailing of notice of dishonor, as provided in sections 28-22-105 and 28-22-106, Idaho Code; or

(3)  Attorney’s fees, either without having such fees set by the court, or prior to the expiration of fifteen (15) days after the mailing of notice of dishonor, as provided in sections 28-22-105 and 28-22-106, Idaho Code.

The provisions of this section shall not prohibit the collection of a set collection fee which does not exceed twenty dollars ($20.00), if the holder has the right to collect a set fee under a written agreement or has notified the drawer at the point of sale that the drawer will be required to pay the set collection fee in the event a check is dishonored.

History:

[28-22-107, added 1994, ch. 185, sec. 3, p. 605; am. 1996, ch. 373, sec. 6, p. 1272; am. 2002, ch. 288, sec. 4, p. 836.]