§ 19-9-26 - Prima facie evidence of intent to defraud – Prosecutions.
SECTION 19-9-26
§ 19-9-26 Prima facie evidence of intentto defraud – Prosecutions. – The following shall be prima facie evidence of intent to defraud within themeaning of §§ 19-9-24 and 19-9-25 as against the maker or drawer: themaking, drawing, uttering, or delivering of a check, draft, or order for thepayment of money upon any regulated institution or other depository, payment ofwhich is refused by the drawee for the reason that the maker or drawer has notsufficient funds in, or credit with, the regulated institution or otherdepository for the payment of the check, draft, or order in full upon itspresentation, or for the reason that the maker or drawer has stopped payment ona check, draft, or order for the payment of money for the purchase of anygoods, materials or service; provided, however, that these shall not be primafacie evidence of intent to defraud if the maker or drawer shall pay the check,draft or order, or deposit and leave with the drawee for its payment the amountdue thereon within seven (7) days after the receipt of written notice from thepayee by certified mail, return receipt requested, at the last address of themaker or drawer which is available in the records of the payee.
If the check, draft, or order has not been paid within seven(7) business days after the maker or drawer receives written notice bycertified mail, return receipt requested, or if there is a return of the noticeundelivered and the payee presents an affidavit containing facts within thepayee's own knowledge that the maker or drawer was not residing at the lastaddress available in the records of the payee, the payee shall forthwith notifythe prosecuting officer of the city or town where the check, draft, or orderwas written of that fact, and the prosecuting officer shall prosecute allviolations of §§ 19-9-24, 19-9-25, and 19-9-26 within ten (10)business days of the notice.