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New York Bad Check Laws
New York Notice of Bad Check or NSF Check - Civil Laws
This is a Notice of Bad Check or NSF Check - Civil. A "dishonored check" (also
known as a "bounced check" or "bad check") is a Bad Check or NSF 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 Bad Check or NSF check. In order to
attempt the greatest possible recovery on a Bad Check or NSF check, the business
owner, or any other person given a Bad Check or NSF check, may be required by
state law to notify the debtor that the Bad Check or NSF check was dishonored.
New York Bad Check Law Summary - New York Notice of Bad Check or NSF Check - Civil
Laws
New York Bad Check Law Summary
Notice of Bad Check or NSF Check
Note: This summary is not intended to be an all inclusive summary of the New
York
bad check laws, but does contain basic and other provisions.
CHAPTER 24-A OF THE CONSOLIDATED LAWS; GENERAL OBLIGATIONS
LAW
ARTICLE 11 OBLIGATIONS TO MAKE COMPENSATION OR RESTITUTION
TITLE 1; COMPENSATION
§ 11-104 Gen. Oblig.. Additional liability of drawer.
1. Notwithstanding any contrary provision of law, a drawer negotiating a bad
check or NSF check who knows or should know that payment of such bad check or
NSF check will be refused by the drawee bank either because the drawer has no
account with such bank or because the drawer has insufficient funds on deposit
with such bank shall be liable, except as provided in subdivision four of this
section, to the payee who has presented such bad check or NSF check for payment,
not only for the face amount of the bad check or NSF check but also for
additional, liquidated damages, where the bad check or NSF check is dishonored
and the drawer fails to pay the face amount of such bad check or NSF check
within thirty days following the date of mailing by the payee of the second
written demand for payment as provided in this section.
2. In the case of a drawer negotiating a bad check or NSF check who knows or
should know that payment of such bad check or NSF check will be refused by the
drawee bank because the drawer has no account with such bank, such additional,
liquidated damages shall be in an amount to be determined by the court in light
of the circumstances, but in no event shall such amount be greater than twice
the face amount of the bad check or NSF check or seven hundred fifty dollars,
whichever is less.
3. In the case of a drawer negotiating a bad check or NSF check who knows or
should know that payment of such bad check or NSF check will be refused by the
drawee bank because the drawer has insufficient funds on deposit with such bank,
such additional, liquidated damages shall be in an amount to be determined by
the court in light of the circumstances, but in no event shall such amount be
greater than twice the face amount of the bad check or NSF check or four hundred
dollars, whichever is less.
4. The drawer shall not be liable to the payee for the additional, liquidated
damages provided for by this section if: (a) The drawer gave such bad check or
NSF check as payment for the rental of residential
premises; or
(b) The drawer gave such bad check or NSF check as payment for residential
service
supplied by a gas, electric, steam, telephone or water corporation;
or
(c) The drawer gave such bad check or NSF check as repayment of all, or a
portion of, a
debt secured by collateral which the payee has repossessed.
5. Defenses which may be asserted against any person not having the rights of a
holder in due course, as specified in sections 3-306 and 3-408 of the uniform
commercial code, shall be available to a defendant in any action or proceeding
in which additional liability is claimed under this section.
6. The additional liquidated damages provided for in this section shall be
available only to those persons or entities which post or otherwise give
conspicuous notice to the public of the additional, liquidated damages which may
be imposed pursuant to this section. Such notice shall set forth the additional
liquidated damages that may be imposed if a bad check or NSF check is dishonored
and the section of law authorizing imposition of such damages, and provide
notice that criminal penalties also may apply.
7. The first written demand for payment on the dishonored bad check or NSF check
shall be in the form prescribed by subdivision eight of this section and shall
be sent to the drawer's last known residence address or last known place of
business by first class mail and by certified mail return receipt requested with
delivery restricted to the drawer, on or after the date the payee received
notice that such bad check or NSF check had been dishonored. The second written
demand for payment on the dishonored bad check or NSF check shall be in the form
provided in subdivision eight of this section and shall be sent to the drawer at
the drawer's last known residence address or last known place of business by
first class mail on or after the fifteenth day following the date of receipt of
the first written demand for payment.
8. The written demands for payment required by subdivision seven of this
section, shall be in the following form and shall be printed in at least ten
point type in both the English and Spanish languages:
9. The public service commission shall study the extent to which bad check or
NSF checks given in payment for residential service supplied by a gas, electric,
steam, telephone or water corporation are dishonored either because the drawer
had no account with the bank on which the bad check or NSF check was written or
because the drawer had insufficient funds on deposit with such bank, including
the extent of chronic payment with bad check or NSF checks that are dishonored
and the impact of such dishonored bad check or NSF checks on the operating costs
of these corporations and their requests for rate increases, and whether any
penalty for dishonored bad check or NSF checks, in addition to recovery of the
utilities' administrative costs, is necessary. The commission shall report to
the governor and the legislature no later than one year after the effective date
of this section.
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