Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 93 of the General Laws is hereby amended by inserting after section 40 the following section:-

Section 40A. Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more than five hundred dollars.

The written demand for payment required by 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: `ts `tuc DEMAND FOR PAYMENT OF DISHONORED CHECK

`t+1 DATE:_________________________________ `t+1 TO:___________________________________

NAME OF MAKER `tm;i1=45,33,tur

i1 WARNING: YOU MAY BE SUED 30 DAYS

i1 AFTER THE DATE OF THIS NOTICE IF

i1 YOU DO NOT MAKE PAYMENT

_______________________________________ `t+1 _______________________________________ `t+1 _______________________________________

LAST KNOWN RESIDENCE ADDRESS OR PLACE

OF BUSINESS `t+1 YOUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $_______________

`t+1 DATED_________________PAYABLE TO THE ORDER OF_______________________________

`t+1 HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN

`t+1 DRAWN BECAUSE: `t+1 _____ THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY `t+1 _____ THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR

DEPOSITORY `t+1 IF YOU DO NOT MAKE PAYMENT WITHIN THIRTY DAYS OF THE ABOVE DATE, YOU MAY BE SUED TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00).

`t+1 PLEASE MAKE PAYMENT IN THE AMOUNT OF $____________________ TO: `tuc `t+1 _______________________________________ `tuc NAME OF PAYEE `t+1 _______________________________________ `t+1 _______________________________________ `t+1 _______________________________________ `tuc ADDRESS TO WHICH PAYMENT SHOULD BE `tuc DELIVERED