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Bad Check:
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| Any person who issues a check that is dishonored for lack of
funds or credit to pay the same, or because the maker has no account with the drawee, may
be liable for the amount of the check and damages in an amount equal to $100 or treble the
amount of the check up to a maximum of $500. However, in order to be entitled to the
damages, the payee of the bad check must first make written demand for payment of the
amount of the check not less than ten (10) days before commencing a civil action to
recover the same is commenced, and the payor failed to tender the full amount demanded
within the ten (10) day period. The written demand to the bad check issuer must include a notice that if the money is not paid within ten (10) days, triple damages may be incurred by him. The notice must be sent by certified mail, restricted delivery, at the bad check issuer's last known address with a return receipt and marked "deliver to addressee only". (HRS 490:3-506.) |
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