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Bad Check:
Under § 6-42-1 to § 6-42-4 of the Rhode Island General Laws, when a check has been
dishonored by nonacceptance or nonpayment by any bank, and has not been paid within ten
(10) days, the holder thereof may send a notice of dishonored to the maker and may
recover, in addition to the amount of the check, a collection fee of $25.00 and an
amount of up to three (3) times the amount of the check, but not less than $200 and
not more than $1,000, if the maker failed to pay the amounts demanded in the notice within
thirty (30) days. The notice shall be mailed by certified mail, return receipt
requested, and shall be in substantially the following form: "NOTICE OF DISHONORED CHECK DATE You are according to law hereby notified that a check or instrument numbered
________ and dated _________ , 19______, drawn on ________ (bank or other financial
institution) of ________, in the amount of ________ has been returned unpaid with the
notation that the payment has been refused because of rule. Within thirty (30) days from
the mailing of this notice, you must pay or tender to _____________________________
(holder) at ________________ (address of holder) sufficient money to pay the check,
draft or instrument in full. If payment of the above amount is not made within thirty (30)
days of the mailing of this notice of dishonor, you may be liable under § 6-42-3, in
addition to the amount of the check, draft, or other instrument and a collection fee of
twenty-five dollars ($25.00), for an amount of up to three (3) times the amount of the
check, draft or other instrument, but in no case less than two hundred dollars ($200) and
not more than one thousand dollars ($1,000). Any person who, with intent to defraud, purchases any goods, materials or services, and makes payment therefor by a dishonored check, may be criminally prosecuted and may be subject to fines or imprisonment, or both, if convicted. If the amount of the dishonored check is in an amount not exceeding $1,000, the defrauding party may be fined a sum not more than $500, or imprisoned for a period not exceeding one (1) year, or both. (§ 19-9-24.) If the amount of the dishonored check exceeds $1,000, the maker may be fined not more than $2,000 or be imprisoned for a period not exceeding two (2) years, or both. (§ 19-9-25.) A person is presumed to have intent to defraud if payment of his check is refused by the bank because the maker does not have sufficient funds in, or credit with, the bank, for payment in full upon its presentation, or has stopped payment on the check, unless the maker pays the check in full within seven (7) days after he receives written notice of dishonored from the payee by certified mail, return receipt requested, at the last address of the maker which is available in the records of the payee. (§ 19-9-26.) |
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