570.123. Civil action for damages for passing bad checks, only original holder may bring action--limitations--notice requirements--payroll checks, action to be against employer.
Civil action for damages for passing bad checks, only original holdermay bring action--limitations--notice requirements--payroll checks,action to be against employer.
570.123. In addition to all other penalties provided by law, anyperson who makes, utters, draws, or delivers any check, draft, or order forthe payment of money upon any bank, savings and loan association, creditunion, or other depositary, financial institution, person, firm, orcorporation which is not honored because of lack of funds or credit to payor because of not having an account with the drawee and who fails to paythe amount for which such check, draft, or order was made in cash to theholder within thirty days after notice and a written demand for payment,deposited as certified or registered mail in the United States mail, or byregular mail, supported by an affidavit of service by mailing, noticedeemed conclusive three days following the date the affidavit is executed,and addressed to the maker and to the endorser, if any, of the check,draft, or order at each of their addresses as it appears on the check,draft, or order or to the last known address, shall, in addition to theface amount owing upon such check, draft, or order, be liable to the holderfor three times the face amount owed or one hundred dollars, whichever isgreater, plus reasonable attorney fees incurred in bringing an actionpursuant to this section. Only the original holder, whether the holder isa person, bank, savings and loan association, credit union, or otherdepository, financial institution, firm or corporation, may bring an actionpursuant to this section. No original holder shall bring an actionpursuant to this section if the original holder has been paid the faceamount of the check and costs recovered by the prosecuting attorney orcircuit attorney pursuant to subsection 6 of section 570.120. If theissuer of the check has paid the face amount of the check and costspursuant to subsection 6 of section 570.120, such payment shall be anaffirmative defense to any action brought pursuant to this section. Theoriginal holder shall elect to bring an action pursuant to this section orsection 570.120, but may not bring an action pursuant to both sections. Inno event shall the damages allowed pursuant to this section exceed fivehundred dollars, exclusive of reasonable attorney fees. In situationsinvolving payroll checks, the damages allowed pursuant to this sectionshall only be assessed against the employer who issued the payroll checkand not against the employee to whom the payroll check was issued. Theprovisions of sections 408.140 and 408.233, RSMo, to the contrarynotwithstanding, a lender may bring an action pursuant to this section.The provisions of this section will not apply in cases where there exists abona fide dispute over the quality of goods sold or services rendered.
(L. 1985 S.B. 264 § 2, A.L. 1989 S.B. 310, A.L. 1993 S.B. 180, A.L. 2002 H.B. 1888, A.L. 2005 S.B. 420 & 344)