60-2610.Civil liability for worthlesscheck.(a) If a person gives a worthless check,the person shall be liable to the holder of the check for the amount of thecheck, the incurred court costs, theincurred service charge, interest at the statutory rate and thecosts of collection including but not limited to reasonable attorney fees,plus an amount equal to the greater of the following:
(1) Damages equal to three times the amount of the check but not exceedingthe amount of the check by more than $500; or
(2) $100.
The court may waive all or part of the attorney fees provided for by thissubsection, if the court finds that the damages and other amounts awarded aresufficient to adequately compensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(b) The amounts specified by subsection (a) shall be recoverablein acivil action brought by or on behalf of the holder of the check only if:(1) Not less than 14 days before filing the civil action, theholder ofthe checkmade written demand on the maker or drawer for payment of the amount of thecheck, the incurred service charge and accrued interest; and (2)the maker or drawerfailed totender to the holder, prior to the filing of the action, an amount not lessthan the amount demanded.
The written demand shall be sent by first class mail, to the person tobegiven notice at such person'saddress as it appears on such check, draft or order or to the last knownaddress of the maker or drawer. The written demand shallinclude notice that, if the money isnot paid within 14 days, triple damages in addition to anamount of money equalto the sum of the amount of the check, the incurred servicecharge, court costs, accruedinterest,the costs of collection, including but not limited to, reasonableattorneyfees unless the court otherwise orders, may beincurred by the maker or drawerof the check.
Notice required by subsection (b)(1) shall state theexactamount and date due, as well as an estimate of the amount that may be incurredif the amount demanded is not paid by the specified date.
(c) Subsequent to the filing of an action under this section but prior tothe commencement of a dispositional hearing by thecourt, the defendantmay tender to the plaintiff assatisfaction of the claim, an amount of money equal to the sum of the amount ofthe check, the incurred service charge, accrued interest, the costs ofcollection including, but not limited to, reasonableattorney fees and court costs. Theplaintiff shall include in the petition a statement alleging thatthe defendant may tender such amount as satisfaction of the claim as providedin thissubsection. If the amount alleged in the petition is tendered to the plaintiffin full satisfaction of the debt prior to the commencement of thedispositionalhearing by the court, the case shall be dismissed by the plaintiff. Forpurposes of this subsection only, the amount tendered as satisfaction of theclaim shall not include triple damages or damages of $100 as provided insubsections (a)(1) and (2). For purposes of this subsection, a dispositionalhearing means a trial or other hearing by the court in which the plaintiff isseeking the entry of judgment against the defendant. The courtmay waive all or part of the attorney fees provided for by this subsection,if the court findsthat the amount tendered issufficient to adequatelycompensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that theamount tendered is sufficient to adequately compensatethe holder of the check.
(d) If the trier of fact determines that the failure of the defendant tosatisfy the dishonored check was due to economic hardship, the court may waiveall or part of the damages provided for by this section, but the court shallrender judgment against defendant for not less than the amount of thedishonored check, the incurred court costs, service charge and the costs ofcollection, including but not limited to reasonable attorney fees, unlessotherwise provided in this subsection. The court may waive all or part ofthe attorney fees provided for by this subsection, if the court finds thatthe damages and other amounts awarded are sufficient to adequately compensatethe holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(e) Any amount previously paid as restitution or reparationsto theholder of the check by or on behalf of its maker or drawer shall becredited against theamount for which the maker or drawer is liable under subsection (a).
(f) Conviction of giving a worthless check or habituallygiving aworthless check, as defined by K.S.A. 21-3707, andamendmentsthereto, shall not be a prerequisite or bar to recovery pursuant to thissection.
(g) The service charge on a check which is dishonored by the draweebecause the maker or drawer had no deposits in or credits with the drawee orhas not sufficient funds in, or credits with, the drawee for the payment ofeach check, order or draft in full upon its presentation, shall not exceed$30.
(h) As used in this section, "giving a worthless check" means themaking, drawing, issuingordelivering or causing or directing the making, drawing, issuing or deliveringof any check, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent:
(1) With intent to defraud or in payment for a preexistingdebt; or
(2) Which is dishonored by the drawee because the maker ordrawer hadno deposits in or credits with the drawee or has not sufficient funds in,or credits with, the drawee for the payment of such check, order or draftin full upon its presentation; and
(3) for which the maker or drawer has not tendered to the holder's agenttheamount of money demanded and within the time allowed by the demand required insubsection (b).
60-2610.Civil liability for worthlesscheck.(a) If a person gives a worthless check,the person shall be liable to the holder of the check for the amount of thecheck, the incurred court costs, theincurred service charge, interest at the statutory rate and thecosts of collection including but not limited to reasonable attorney fees,plus an amount equal to the greater of the following:
(1) Damages equal to three times the amount of the check but not exceedingthe amount of the check by more than $500; or
(2) $100.
The court may waive all or part of the attorney fees provided for by thissubsection, if the court finds that the damages and other amounts awarded aresufficient to adequately compensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(b) The amounts specified by subsection (a) shall be recoverablein acivil action brought by or on behalf of the holder of the check only if:(1) Not less than 14 days before filing the civil action, theholder ofthe checkmade written demand on the maker or drawer for payment of the amount of thecheck, the incurred service charge and accrued interest; and (2)the maker or drawerfailed totender to the holder, prior to the filing of the action, an amount not lessthan the amount demanded.
The written demand shall be sent by first class mail, to the person tobegiven notice at such person'saddress as it appears on such check, draft or order or to the last knownaddress of the maker or drawer. The written demand shallinclude notice that, if the money isnot paid within 14 days, triple damages in addition to anamount of money equalto the sum of the amount of the check, the incurred servicecharge, court costs, accruedinterest,the costs of collection, including but not limited to, reasonableattorneyfees unless the court otherwise orders, may beincurred by the maker or drawerof the check.
Notice required by subsection (b)(1) shall state theexactamount and date due, as well as an estimate of the amount that may be incurredif the amount demanded is not paid by the specified date.
(c) Subsequent to the filing of an action under this section but prior tothe commencement of a dispositional hearing by thecourt, the defendantmay tender to the plaintiff assatisfaction of the claim, an amount of money equal to the sum of the amount ofthe check, the incurred service charge, accrued interest, the costs ofcollection including, but not limited to, reasonableattorney fees and court costs. Theplaintiff shall include in the petition a statement alleging thatthe defendant may tender such amount as satisfaction of the claim as providedin thissubsection. If the amount alleged in the petition is tendered to the plaintiffin full satisfaction of the debt prior to the commencement of thedispositionalhearing by the court, the case shall be dismissed by the plaintiff. Forpurposes of this subsection only, the amount tendered as satisfaction of theclaim shall not include triple damages or damages of $100 as provided insubsections (a)(1) and (2). For purposes of this subsection, a dispositionalhearing means a trial or other hearing by the court in which the plaintiff isseeking the entry of judgment against the defendant. The courtmay waive all or part of the attorney fees provided for by this subsection,if the court findsthat the amount tendered issufficient to adequatelycompensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that theamount tendered is sufficient to adequately compensatethe holder of the check.
(d) If the trier of fact determines that the failure of the defendant tosatisfy the dishonored check was due to economic hardship, the court may waiveall or part of the damages provided for by this section, but the court shallrender judgment against defendant for not less than the amount of thedishonored check, the incurred court costs, service charge and the costs ofcollection, including but not limited to reasonable attorney fees, unlessotherwise provided in this subsection. The court may waive all or part ofthe attorney fees provided for by this subsection, if the court finds thatthe damages and other amounts awarded are sufficient to adequately compensatethe holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(e) Any amount previously paid as restitution or reparationsto theholder of the check by or on behalf of its maker or drawer shall becredited against theamount for which the maker or drawer is liable under subsection (a).
(f) Conviction of giving a worthless check or habituallygiving aworthless check, as defined by K.S.A. 21-3707, andamendmentsthereto, shall not be a prerequisite or bar to recovery pursuant to thissection.
(g) The service charge on a check which is dishonored by the draweebecause the maker or drawer had no deposits in or credits with the drawee orhas not sufficient funds in, or credits with, the drawee for the payment ofeach check, order or draft in full upon its presentation, shall not exceed$30.
(h) As used in this section, "giving a worthless check" means themaking, drawing, issuingordelivering or causing or directing the making, drawing, issuing or deliveringof any check, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent:
(1) With intent to defraud or in payment for a preexistingdebt; or
(2) Which is dishonored by the drawee because the maker ordrawer hadno deposits in or credits with the drawee or has not sufficient funds in,or credits with, the drawee for the payment of such check, order or draftin full upon its presentation; and
(3) for which the maker or drawer has not tendered to the holder's agenttheamount of money demanded and within the time allowed by the demand required insubsection (b).
60-2610.Civil liability for worthlesscheck.(a) If a person gives a worthless check,the person shall be liable to the holder of the check for the amount of thecheck, the incurred court costs, theincurred service charge, interest at the statutory rate and thecosts of collection including but not limited to reasonable attorney fees,plus an amount equal to the greater of the following:
(1) Damages equal to three times the amount of the check but not exceedingthe amount of the check by more than $500; or
(2) $100.
The court may waive all or part of the attorney fees provided for by thissubsection, if the court finds that the damages and other amounts awarded aresufficient to adequately compensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(b) The amounts specified by subsection (a) shall be recoverablein acivil action brought by or on behalf of the holder of the check only if:(1) Not less than 14 days before filing the civil action, theholder ofthe checkmade written demand on the maker or drawer for payment of the amount of thecheck, the incurred service charge and accrued interest; and (2)the maker or drawerfailed totender to the holder, prior to the filing of the action, an amount not lessthan the amount demanded.
The written demand shall be sent by first class mail, to the person tobegiven notice at such person'saddress as it appears on such check, draft or order or to the last knownaddress of the maker or drawer. The written demand shallinclude notice that, if the money isnot paid within 14 days, triple damages in addition to anamount of money equalto the sum of the amount of the check, the incurred servicecharge, court costs, accruedinterest,the costs of collection, including but not limited to, reasonableattorneyfees unless the court otherwise orders, may beincurred by the maker or drawerof the check.
Notice required by subsection (b)(1) shall state theexactamount and date due, as well as an estimate of the amount that may be incurredif the amount demanded is not paid by the specified date.
(c) Subsequent to the filing of an action under this section but prior tothe commencement of a dispositional hearing by thecourt, the defendantmay tender to the plaintiff assatisfaction of the claim, an amount of money equal to the sum of the amount ofthe check, the incurred service charge, accrued interest, the costs ofcollection including, but not limited to, reasonableattorney fees and court costs. Theplaintiff shall include in the petition a statement alleging thatthe defendant may tender such amount as satisfaction of the claim as providedin thissubsection. If the amount alleged in the petition is tendered to the plaintiffin full satisfaction of the debt prior to the commencement of thedispositionalhearing by the court, the case shall be dismissed by the plaintiff. Forpurposes of this subsection only, the amount tendered as satisfaction of theclaim shall not include triple damages or damages of $100 as provided insubsections (a)(1) and (2). For purposes of this subsection, a dispositionalhearing means a trial or other hearing by the court in which the plaintiff isseeking the entry of judgment against the defendant. The courtmay waive all or part of the attorney fees provided for by this subsection,if the court findsthat the amount tendered issufficient to adequatelycompensate the holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that theamount tendered is sufficient to adequately compensatethe holder of the check.
(d) If the trier of fact determines that the failure of the defendant tosatisfy the dishonored check was due to economic hardship, the court may waiveall or part of the damages provided for by this section, but the court shallrender judgment against defendant for not less than the amount of thedishonored check, the incurred court costs, service charge and the costs ofcollection, including but not limited to reasonable attorney fees, unlessotherwise provided in this subsection. The court may waive all or part ofthe attorney fees provided for by this subsection, if the court finds thatthe damages and other amounts awarded are sufficient to adequately compensatethe holder of the check.In the event the court waives all or part of the attorney fees, the courtshall make written findings of fact as to the specific reasons that the amountsawarded are sufficient to adequately compensate the holder of the check.
(e) Any amount previously paid as restitution or reparationsto theholder of the check by or on behalf of its maker or drawer shall becredited against theamount for which the maker or drawer is liable under subsection (a).
(f) Conviction of giving a worthless check or habituallygiving aworthless check, as defined by K.S.A. 21-3707, andamendmentsthereto, shall not be a prerequisite or bar to recovery pursuant to thissection.
(g) The service charge on a check which is dishonored by the draweebecause the maker or drawer had no deposits in or credits with the drawee orhas not sufficient funds in, or credits with, the drawee for the payment ofeach check, order or draft in full upon its presentation, shall not exceed$30.
(h) As used in this section, "giving a worthless check" means themaking, drawing, issuingordelivering or causing or directing the making, drawing, issuing or deliveringof any check, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent:
(1) With intent to defraud or in payment for a preexistingdebt; or
(2) Which is dishonored by the drawee because the maker ordrawer hadno deposits in or credits with the drawee or has not sufficient funds in,or credits with, the drawee for the payment of such check, order or draftin full upon its presentation; and
(3) for which the maker or drawer has not tendered to the holder's agenttheamount of money demanded and within the time allowed by the demand required insubsection (b).
