MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Guice

AN ACT TO AMEND SECTION 11-7-12, MISSISSIPPI CODE OF 1972, TO ALLOW THE RECOVERY OF ATTORNEY'S FEES IN BAD CHECK CASES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-7-12, Mississippi Code of 1972, is amended as follows:

11-7-12. (1) In any civil action founded on a check, draft or order made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the plaintiff, if he be a payee or endorser, shall be entitled to recover, in addition to the face amount of the check, draft or order, damages in the following amount:

(a) If the amount of the check, draft or order is up to and including Twenty-five Dollars ($25.00), then the additional damages shall be one hundred percent (100%) of the amount of the check, draft or order;

(b) If the amount of the check, draft or order is above Twenty-five Dollars ($25.00) and up to and including Two Hundred Dollars ($200.00), then the additional damages shall be fifty percent (50%) of the amount of the check, draft or order, not to exceed Fifty Dollars ($50.00), and not to be less than Twenty-five Dollars ($25.00); and

(c) If the amount of the check, draft or order is above Two Hundred Dollars ($200.00), then the additional damages shall be twenty-five percent (25%) of the amount of the check, draft or order.

(2) In addition to the awards provided in subsection (1) of this section, the court may award reasonable attorney's fees in an amount not to exceed one-third (1/3) of the amount of the check and any fines and penalties assessed for the check, draft or order.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.