House Bill 1339

AN ACT TO AMEND SECTION 97-19-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIRED STATUTORY NOTICE, DESCRIBING THE ALLOWABLE CRIMINAL PENALTIES, THAT MUST BE GIVEN TO A PERSON WHO HAS ALLEGEDLY WRITTEN A BAD CHECK MAY BE SENT BY REGULAR MAIL SUPPORTED BY AN AFFIDAVIT OF SERVICE BY MAILING; 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) As against the maker or drawer thereof, the making, drawing, issuing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of Thirty Dollars ($30.00), within fifteen (15) days after receiving notice that such check, draft or order has not been paid by the drawee.

(2) For purposes of the civil penalties prescribed in Section 11-7-12, the form of the notice provided for in subsection (1) of this section shall be sent by regular mail and 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 fifteen (15) days from receipt 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 $_____. Failure to pay this amountin full within the time specified above shall be prima facie evidence of and create a presumption of both the intent to defraud and the knowledge of insufficient funds in, or on deposit with, such bank in violation of Section 97-19-55."

(3) For purposes of the criminal penalties prescribed in Section 97-19-67, the form of the notice provided for in subsection (1) of this section shall be sent by regular mail, supported by an affidavit of service by mailing, and 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 fifteen (15) days from receipt 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." The affidavit of service by mailing shall be substantially as follows:

"AFFIDAVIT OF SERVICE BY MAIL IN THE COUNTY OF

____________________(name of county and state)

___________________ (name of person mailing the notice of dishonor), being first duly sworn under oath, states that he/she is of legal age and that on ____________(date), he/she served the attached statutory notice of dishonor, by placing a true and correct copy of it securely enclosed in an envelope, addressed as follows:

_______________________________________________(name and address of maker or drawer of check that has been dishonored), and that he/she deposited the envelope, with postage prepaid, in the United States Mail at ________________________________(describe location of post office or post office deposit box).

______________________________________

(signature of person who mailed notice)

Subscribed and sworn to before me this ____day of ________

________________________(notary public)

County of _____________________________

(SEAL)"

(4) If any notice isreturned undelivered to the sender after such notice was mailedto 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.

(5) Without in any way limiting the provisions of this section, this section shall apply to a draft for the payment of money given for a motor vehicle even if such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.