§490:3-506  Dishonored check; action for
treble damages; procedures.  (a)  In any action against a person who makes
any check, draft, or order for the payment of money that has been dishonored
for lack of funds or credit to pay the check, draft, or order or because the
maker has no account with the drawee, the plaintiff may recover from the
defendant damages in an amount equal to $100 or triple the amount for which the
check, draft, or order is drawn, whichever is greater; provided that damages
recovered under this section shall not exceed by more than $500 the amount of
the check, draft, or order, and may be awarded only if:



(1)  The plaintiff made written demand of the
defendant for payment of the amount of the check, draft, or order and any
service charge assessed under section 490:3-506.5 not less than ten 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 sum
of the amount demanded and any service charge assessed under section
490:3-506.5.



The written demand shall include notice that if the
money is not paid within ten days, triple damages may be incurred by the
defendant.  The plaintiff shall provide the defendant written notice of demand for
payment by certified mail, restricted delivery, at the last known address of
the defendant with a request for a return receipt and marked "deliver to
addressee only".



(b)  Subsequent to the commencement of the
action 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 and the incurred court and service costs including attorney's fees
and any service charge assessed under section 490:3-506.5.



(c)  If the court or jury determines that the
failure of the defendant to satisfy the dishonored check was due to economic
hardship, the court or jury may waive all or part of the statutory damages;
provided the court or jury shall render judgment against the defendant for not
less than the amount of the dishonored check plus incurred court and service
costs including attorney's fees and any service charge assessed under section
490:3-506.5. [L 1992, c 87, §1; am L 1999, c 48, §2]