MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Davis

AN ACT TO AMEND SECTION 97-19-57, MISSISSIPPI CODE OF 1972, TO REVISE THE NOTICE PROVISION OF THE BAD CHECK LAW REGARDING INTENT TO DEFRAUD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-19-57, Mississippi Code of 1972, is amended as follows:

97-19-57. (1) The maker's or drawer's failure to pay a check, draft or order, issued for value, within ten (10) days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within ten (10) days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

(2) The form of the notice provided for in subsection (1) of this section shall be substantially as follows:

"This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft or order numbered ___, apparently issued by you on ______(date), drawn upon __________(name of bank), and payable to _______________, has been dishonored. Pursuant to Mississippi law, you have ten (10) days from deposit of this notice to tender payment of the full amount of such check, draft or order, plus a service charge of Thirty Dollars ($30.00), the total amount due being $_______. Unless this amount is paid in full within the time specified above, the holder may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution."

(3) If the notice is mailed by certified or registered mail and is returned undelivered to the sender after such notice was mailed within a reasonable time of dishonor to the address printed on the check, draft or order, or to the address given by the accused at the time of issuance of the instrument, such return shall be prima facie evidence of the maker's or drawer's intent to defraud.

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