MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representatives Compretta, Peranich

AN ACT TO AMEND SECTION 11-7-12, MISSISSIPPI CODE OF 1972, TO REVISE CIVIL PENALTIES RECOVERABLE FOR BAD CHECKS; 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. 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 Two Hundred Dollars ($200.00), 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 Two Hundred Dollars ($200.00) and up to and including Five Hundred Dollars ($500.00), 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 Five Hundred Dollars ($500.00), then the additional damages shall be twenty-five percent (25%) of the amount of the check, draft or order.

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