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Alabama Notice of Dishonored Check - Civil and Criminal - Keywords:...

Notice Check Bad For The Environment

Name: Notice Check Bad For The Environment
Brand: US Legal Forms

Category:

Collections - Dishonored Checks

State:

Alabama

Control #:

AL-401N

Format:

Instant download

Description

This is a Notice of Dishonored Check - Civil. A "dishonored check" (also known as a "bounced check" or "bad check") is a check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the check. In order to attempt the greatest possible recovery on a dishonored check, the business owner, or any other person given a dishonored check, may be required by state law to notify the debtor that the check was dishonored.

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Notice of Dishonored Check - Civil and Criminal - Keywords: bad check, bounced check

Notice of Dishonored Check

Note: This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL AND CRIMINAL PROVISIONS

CODE of ALABAMA

TITLE 13A: Criminal Code

CHAPTER 9: Forgery and Fraudulent Practices

ARTICLE 1: Forgery and Related Offenses

SECTION 13.1

Ala. Code 13A-9-13.1 Negotiating worthless negotiable instrument - Generally. (Code Of Alabama (2016 Edition))

(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee.
(b) For the purposes of this section, it is prima facie evidence that the maker or drawer intended, knew, or expected that the instrument would not be honored in any of the following instances:
(1) The maker or drawer had no account with the drawee at the time the negotiable instrument was negotiated or delivered, as determined according to Section 7-3-503(2).
(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery, and the maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of not more than (fill in appropriate amount as provided by law), within 10 days after receiving written notice from the holder of the instrument that payment was refused upon the instrument, as provided in Section 13A-9-13.2.
(3) Notice that payment was refused is mailed by certified or registered mail and is returned undelivered to the sender, when the notice is mailed within a reasonable time after dishonor to the address printed on the instrument or given by the maker or drawer at the time of issuance of the instrument.
(c) Negotiating a worthless negotiable instrument is a Class A misdemeanor.
(d) The definition of negotiable instrument in Section 7-3-104 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3. For the purposes only of this section and Sections 13A-9-13.2 and 13A-9-13.3, the term negotiable instrument shall include electronic drafts.
(e) The definition of negotiation in Section 7-3-202 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
(f) The definition of delivery in Section 7-1-201(14) applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
(Acts 1980, No. 80-200, p. 279, Acts 1989, No. 89-807, p. 1608, Acts 1991, No. 91-319, p. 578, Acts 1997, No. 97-413, p. 679, Act 2014-444, p. 1659,)

Ala. Code 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment upon instrument. (Code Of Alabama (2016 Edition))

For purposes of Section 13A-9-13.1:

(1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument.
(2) The form of notice shall be substantially as follows:
This statutory notice is provided pursuant to Section 13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered _____, apparently issued by you on ________ (date), drawn upon ________ (name of bank), and payable to ________, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of not more than (fill in appropriate amount provided by law), the total amount due being $_____. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.
(3) Any party holding a worthless negotiable instrument and giving notice in substantially similar form to that provided in subdivision (2) of this section shall be immune from civil or criminal liability for the giving of the notice and for proceeding under the forms of the notice.
Acts 1980, No. 80-200, p. 279, Acts 1989, No. 89-807, p. 1608, Acts 1991, No. 91-319, p. 578, Acts 1997, No. 97-413, p. 679,)
Ala. Code 8-8-15 Bad check charge; deemed not finance charge. (Code Of Alabama (2016 Edition))
(a) Any lender of money, extender of other credit, or merchant making a sale of merchandise, goods, or services, or the assignee of the lender, extender of credit, or merchant who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, other extension of credit, or a sale of merchandise, goods, or services may, if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from the borrower, person to whom the credit was extended, or from whom the instrument was received, a bad check charge of not more than the greater of either twenty-five dollars ($25) or an amount equal to the actual charge by the depository institution for the return of unpaid or dishonored instruments.
(b) Commencing January 1, 1999, the bad check charge in subsection (a) shall increase by one dollar ($1) per year through January 1, 2003, at which time the maximum bad check charge shall be thirty dollars ($30).
Charges imposed in connection with the dishonor of a negotiable instrument shall not be deemed interest finance or other charge made as an incident to or as a condition to the grant of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit as provided in this section or in any other law of this state.
(Acts 1985, No. 85-282, p. 182; Acts 1989, Ex. Sess., No. 89-980, p. 19; Acts 1991, No. 91-319, p. 578, Acts 1997, No. 97-413, p. 679,)

Notice of Dishonored Check - Civil and Criminal - Keywords: bad check, bounced check

Notice of Dishonored Check

Note: This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL AND CRIMINAL PROVISIONS

CODE of ALABAMA

TITLE 13A: Criminal Code

CHAPTER 9: Forgery and Fraudulent Practices

ARTICLE 1: Forgery and Related Offenses

SECTION 13.1

Ala. Code 13A-9-13.1 Negotiating worthless negotiable instrument - Generally. (Code Of Alabama (2016 Edition))

Ala. Code 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment upon instrument. (Code Of Alabama (2016 Edition))

For purposes of Section 13A-9-13.1:

Notice Check Bad For The Environment

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Notice Check Bad For The Environment

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