13-1808. Presumptions relating to issuing a
bad check; proof of presentation; nonpayment; protest;
notice
A. For the purposes of this chapter, the issuer's knowledge of insufficient funds
may be presumed if either:
1. The issuer had no account or a closed account with the bank or other drawee at
the time the issuer issued the check.
2. Payment was refused by the bank or other drawee for lack of funds on
presentation within thirty days after issue and the issuer failed to pay the holder in
full the amount due on the check, together with reasonable costs, within twelve days
after receiving notice of that refusal.
B. If a person obtained property or secured performance of services by issuing or
passing a check when the issuer did not have sufficient funds in or on deposit with the
bank or other drawee for the payment in full of the check as well as all other checks
then outstanding, the person's intent to deprive the owner of property or to avoid
payment for service under section 13-1802 may be presumed if either:
1. The issuer had no account or a closed account with the bank or other drawee at
the time the issuer issued the check.
2. Payment was refused by the bank or other drawee for lack of funds on
presentation within thirty days after issue and the issuer failed to pay the holder in
full the amount due on the check, together with reasonable costs, within twelve days
after receiving notice of that refusal.
C. Nothing in this section prevents the prosecution from establishing the requisite
intent by direct evidence.
D. Notice may be actual notice or notice in writing that is sent by registered or
certified mail, return receipt requested, or by regular mail that is supported by an
affidavit of service by mailing. Written notice shall be addressed to the issuer at the
issuer's address shown on any of the following:
1. The check.
2. The records of the bank or other drawee.
3. The records of the person to whom the check is issued or passed.
E. The form of notice shall be substantially as follows:
Notice of dishonored check
Date:___________________________________________
Name of issuer:_________________________________
Street address:_________________________________
City and state:_________________________________
You are, according to law, hereby notified that a check or instrument numbered
________, dated ________, 19________, drawn on ______________________ in the
amount of ____________________
(bank or other drawee)
and payable to ___________________________ has been dishonored.
Pursuant to Arizona law, you have twelve days from receipt of this notice to
pay or tender to_________________ the full amount
(holder)
of the check or instrument, together with all reasonable costs and protest
fees of ___________, the total amount due being __________________. Unless
this amount is paid in full within the specified time above, the holder of the
check or instrument may turn over the dishonored check or instrument and all
other available information relating to this incident to the county attorney
for criminal prosecution.
F. If written notice is given in accordance with this section, it is presumed that
the notice was received no later than five days after it was sent.
|