Text: SSB01057                          Text: SSB01059
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1058

Bill Text

PAG LIN
  1  1    Section 1.  Section 554.3513, subsection 1, paragraph b,
  1  2 Code 2003, is amended to read as follows:
  1  3    b.  The written demand notified the defendant that treble
  1  4 damages would be sought if the face value of the dishonored
  1  5 check was not paid within thirty days of receipt, and was
  1  6 received by the defendant through personal via any of the
  1  7 following methods:
  1  8    (1)  Personal service or restricted.
  1  9    (2)  Restricted certified mail.
  1 10    (3) Regular mail to at least one of the following
  1 11 addresses, supported by an affidavit of service retained by
  1 12 the payee or holder of the dishonored check, which affidavit
  1 13 shall be conclusive evidence of the receipt of the demand by
  1 14 the maker three days from the date of execution of the
  1 15 affidavit:
  1 16    (a)  The address printed or written on the check.
  1 17    (b)  The address given by the drawer at the time of
  1 18 issuance of the check.
  1 19    (c)  The last known address of the drawer.  
  1 20                           EXPLANATION
  1 21    This bill amends Code section 554.3513, which addresses the
  1 22 uniform commercial code procedures for recovery of civil
  1 23 damages for a dishonored check, draft, or order.  Code section
  1 24 554.3513 requires the holder of a dishonored check to take
  1 25 certain steps as a prerequisite to seeking civil damages
  1 26 pursuant to this Code section, including making a written
  1 27 demand for payment of the check not less than 30 days prior to
  1 28 filing suit against the defendant.  The bill adds a method
  1 29 through which that written demand can be made upon the
  1 30 defendant, regular mail supported by affidavit.  The affidavit
  1 31 is retained by the holder of the dishonored check, and is
  1 32 conclusive evidence of receipt of the demand by the maker
  1 33 three days from the date of execution of the affidavit.
  1 34    Current Code language requires the written demand to be
  1 35 made by personal service or restricted certified mail.  Code
  2  1 section 618.15 defines "restricted certified mail" to mean any
  2  2 form of certified mail carrying the endorsement, "deliver to
  2  3 addressee only", and for which the post office provides the
  2  4 mailer with a return receipt showing the date of delivery, the
  2  5 place of delivery, and the person to whom delivered.  
  2  6 LSB 1759SC 80
  2  7 jj/cl/14
     

Text: SSB01057                          Text: SSB01059
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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