§ 1301A. Actions relating to dishonor of checks, drafts, or orders; damages.
(a) In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for
lack of funds or credit to pay the same, or because the drawer has no account with the drawee, the plaintiff may recover from
the drawer the amount of the check, draft, or order, plus court costs, damages in the amount of $50 for the first instance
of a dishonored check, draft, or order issued to the plaintiff by the drawer within 1 year; for a second or subsequent dishonored
check, draft or order for the payment of money issued to the plaintiff by the drawer within 1 year of the issuance of a previous
dishonored check, draft, or order, triple the amount of the check, draft or order; not to exceed $250, plus court costs, provided
that:
(1) The plaintiff made written demand of the defendant for payment of the amount of the check, draft, or order not less than
30 days before commencing the action; and
(2) The defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than
the amount of the check, plus a fee of $40.
(b) Subsequent to the commencement of an action governed by this section, but prior to the hearing, the defendant may tender
to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check, plus $40 and
court costs.
(c) Nothing within this section shall be interpreted to prohibit the drawer of a check, draft, or order for the payment of
money, and the payee of any of the foregoing, from agreeing in writing to terms that exceed the foregoing limits; provided,
however, that no damages may be recovered under this section in any action for the repayment of any short-term consumer loan
subject to the provisions of § 978 or § 2235A of Title 5; and
(d) The Justice of the Peace Court shall develop and produce appropriate forms and regulations to ensure efficiency in the
application of this statute.
§ 1301A. Actions relating to dishonor of checks, drafts, or orders; damages.
(a) In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for
lack of funds or credit to pay the same, or because the drawer has no account with the drawee, the plaintiff may recover from
the drawer the amount of the check, draft, or order, plus court costs, damages in the amount of $50 for the first instance
of a dishonored check, draft, or order issued to the plaintiff by the drawer within 1 year; for a second or subsequent dishonored
check, draft or order for the payment of money issued to the plaintiff by the drawer within 1 year of the issuance of a previous
dishonored check, draft, or order, triple the amount of the check, draft or order; not to exceed $250, plus court costs, provided
that:
(1) The plaintiff made written demand of the defendant for payment of the amount of the check, draft, or order not less than
30 days before commencing the action; and
(2) The defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than
the amount of the check, plus a fee of $40.
(b) Subsequent to the commencement of an action governed by this section, but prior to the hearing, the defendant may tender
to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check, plus $40 and
court costs.
(c) Nothing within this section shall be interpreted to prohibit the drawer of a check, draft, or order for the payment of
money, and the payee of any of the foregoing, from agreeing in writing to terms that exceed the foregoing limits; provided,
however, that no damages may be recovered under this section in any action for the repayment of any short-term consumer loan
subject to the provisions of § 978 or § 2235A of Title 5; and
(d) The Justice of the Peace Court shall develop and produce appropriate forms and regulations to ensure efficiency in the
application of this statute.
§ 1301A. Actions relating to dishonor of checks, drafts, or orders; damages.
(a) In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for
lack of funds or credit to pay the same, or because the drawer has no account with the drawee, the plaintiff may recover from
the drawer the amount of the check, draft, or order, plus court costs, damages in the amount of $50 for the first instance
of a dishonored check, draft, or order issued to the plaintiff by the drawer within 1 year; for a second or subsequent dishonored
check, draft or order for the payment of money issued to the plaintiff by the drawer within 1 year of the issuance of a previous
dishonored check, draft, or order, triple the amount of the check, draft or order; not to exceed $250, plus court costs, provided
that:
(1) The plaintiff made written demand of the defendant for payment of the amount of the check, draft, or order not less than
30 days before commencing the action; and
(2) The defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than
the amount of the check, plus a fee of $40.
(b) Subsequent to the commencement of an action governed by this section, but prior to the hearing, the defendant may tender
to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check, plus $40 and
court costs.
(c) Nothing within this section shall be interpreted to prohibit the drawer of a check, draft, or order for the payment of
money, and the payee of any of the foregoing, from agreeing in writing to terms that exceed the foregoing limits; provided,
however, that no damages may be recovered under this section in any action for the repayment of any short-term consumer loan
subject to the provisions of § 978 or § 2235A of Title 5; and
(d) The Justice of the Peace Court shall develop and produce appropriate forms and regulations to ensure efficiency in the
application of this statute.