Bad Checks

Under the laws of Mississippi, any person who issued a bad check is presumed to have the intent to defraud. (Section
97-19-57.) The writer of a bad check generally may be relieved of any liability if, within fifteen (15) days after receiving a notice of the dishonored check from the holder, has paid to the holder the sum of the check together with a service charge not to exceed thirty dollars ($30.00). The notice of dishonored check must substantially conform to the form and content as provided under Section 97-19-57(2). A portion of this section is reproduced below:

"This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft or order numbered --, apparently issued by you on ----(date), drawn upon ------(name of bank), and
payable to --------, has been dishonored. Pursuant to Mississippi law, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such check, draft or order, plus a service charge of Thirty Dollars ($30.00), the total amount due being $----. Unless this amount is paid in full within the time specified above, the holder may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution."

If the person issuing the bad check failed to pay the check amount and the service charges within the fifteen (15) day
period, the holder may seek the assistance of the District Attorney to seek restitution under a prescribed complaint
procedure set forth in Mississippi Code Section 97-19-75. If the bad check issuer failed to respond to the District
Attorney, and a court action is filed, he may be subject to fines, restitution and service charges, or in certain extreme
situations, imprisonment. (Sections 97-19-67, 97-19-79.)