11-06-2009, 04:59 PM
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#77 |
| Twins=double the fun! Donating Member
Join Date: Oct 2007 Location: California
Posts: 2,981
| Quote:
Originally Posted by DvlshAngel985 From the link you posted:
1. [§ 1] Claim for Statutory Penalty
Under California's Bad Check Law1, a person who has written a check to another person or business can be required to pay the amount of the check and either a statutory service charge or a statutory penalty if the check is returned by the bank due to insufficient funds. The person who wrote the check is called the "drawer" and the person or business who accepted the check is called the "payee."
More particularly, the Bad Check Law states that the drawer must pay to the payee the following amounts:
(a) the face amount of the check, plus a statutory service charge; or, if the drawer does not pay this total in full, then --
(b) upon the payee's proper written demand for payment, the face amount of the check, plus a statutory service charge, plus the costs to mail the demand for payment; or, if the drawer does not pay this total in full within 30 days, then --
(c) if the payee has made a proper written demand for payment, and the drawer has not paid to the payee, within 30 days of the demand, the total at (b), then --
(i) the face amount of the check, plus (ii) a statutory penalty of three times the face amount of the check, but not less than $100 nor more than $1,500.2
This is written on the second letter they wrote to me, and it hasn't been 30 days since they have contacted me or attempted to cash the check. Is the link you posted an explanation of California Uniform Commercial Code 3302, and 3305? Because those are the ones they said that protect them, "an innocent third party." |
This law is specific to a check returned by the bank due to insufficient funds. |
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