Bad Checks; Remedies

Any person who makes, utters, draws or delivers any check, or draft, or order upon any bank of depository, or upon or to any person, or firm, or corporation, for the payment of money, payment of which instrument is refused or dishonored for lack of funds or credit to pay, or because the maker has no account with the drawee under the account number specified in the check , draft or order and who fails to pay to the payee or payee's transferee the amount thereof together with such charges as may be lawfully imposed on account thereof, in cash or other medium satisfactory to the payee or transferee, within thirty

(30)days following a written demand therefor delivered personally to the maker, or mailed to the maker by certified mail to the address shown on the check, draft or order or such other address of the maker as may be actually known by the payee or transferee, shall be liable to the payee or transferee for the amount owing upon such check, draft or order, plus interest or other damages claimed or, at the election of the payee or transferee, damages of treble the face amount of the check, but in no case less than $50.00 nor more than $750.00 in respect of any such instrument. It is a condition of the award of treble damages herein provided that the said notice shall contain a statement substantially as follows, in capital, bold or other contrasting type, or in any other manner which the court reasonably determines as conspicuous: “YOUR FAILURE TO PAY THE CHECK AMOUNT TOGETHER WITH ANY LAWFUL CHARGE WITHIN 30 DAYS FOLLOWING DELIVERY OR MAILING OF THIS NOTICE MAY RESULT IN A COURT JUDGMENT AGAINST YOU FOR THREE TIMES THE AMOUNT OF THE CHECK. (20 GCA § 6104)” A cause of action under this Section may be brought in Small Claims Court if it does not exceed the jurisdiction of that court, or in any other appropriate court. The right to treble damages provided herein shall not accrue, and no action shall be brought therefore, until after the aforesaid 30day notice period.