§ 6-42-3 - Cause of action – Damages.
SECTION 6-42-3
§ 6-42-3 Cause of action – Damages.– (a) If a check, draft, or other instrument has not been paid within thirty (30)days after the holder has sent a notice of dishonor to the maker or drawer of acheck, draft, or other instrument that has been dishonored, pursuant to§§ 6-42-1 and 6-42-2, the holder may seek the damages provided underthis section in the district court and may at the holder's election be inaccordance with the procedure for small claims set forth in chapter 16 of title10.
(b) The maker or drawer of a dishonored check or otherinstrument who fails to pay the amount demanded within thirty (30) days of themailing of the notice of dishonor shall be liable to the holder for:
(1) The amount of the check or other instrument;
(2) A collection fee of twenty-five dollars ($25.00);
(3) An amount equal to three (3) times the amount of thecheck or instrument, but in no case less than two hundred dollars ($200) and inno case more than one thousand dollars ($1,000).