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Liability of Issuer of Dishonored Check: Any person who issues a check which is dishonored may be subject to criminal prosecution or civil liability, or both. The holder of a dishonored check may present a dishonored check to the Attorney General for prosecution upon compliance with a prescribed notice requirement (Section 24-41-3.1 & 3.2.) If a merchant regularly and conspicuously posts a notice on its business premises, or regularly extends credit and prints a notice on its customer statements, stating that a fee will be assessed against returned checks, he may file a civil action to recover the amount of the dishonored check plus all reasonable costs and expenses of collection. (Section 54A-3-421.)
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