As Amended
SEC. 11-7-12. Civil penalty recoverable for violation of bad check statute.
(1) If a check, draft or order is made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the payee, endorser or his assignee shall be entitled to collect, in addition to the face amount of the check, draft or order, a service charge of Forty Dollars ($40.00).
(2) In any civil action founded on a check, draft or order made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the plaintiff, if he be a payee or endorser, shall be entitled to recover, in addition to the face amount of the check, draft or order, damages in the following amount:
(a) If the amount of the check, draft or order is up to and including Twenty-five Dollars ($25.00), then the additional damages shall be Thirty Dollars ($30.00);
(b) If the amount of the check, draft or order is above Twenty-five Dollars ($25.00) and up to and including Two Hundred Dollars ($200.00), then the additional damages shall be fifty percent (50%) of the amount of the check, draft or order, not to exceed Fifty Dollars ($50.00), and not to be less than Thirty Dollars ($30.00);
(c) If the amount of the check, draft or order is above Two Hundred Dollars ($200.00), then the additional damages shall be twenty-five percent (25%) of the amount of the check, draft or order; and
(d) No service charge shall be payable in a civil action under this section.
SOURCES: Laws, 1976, ch. 454, eff from and after July 1, 1976. Amended by Laws 2000, Ch. 364, Sec. 1, SB2405; Laws, 2004, ch. 374, § 2, SB 2911, eff from and after July 1, 2004.
PREVIOUS VERSIONS: Pre-2004