Bad Checks; Damages

In any action brought by the payee, or the payee's transferee, after the notice period hereinbelow provided, to collect any sum owing by any person who makes, utters, draws or delivers any check, or draft, or order to COL120106 CH. 6 FRAUDULENT INSTRUMENTS AND TRANSFERS or upon any bank or depository, or 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 instrument, after failure to pay the amount thereof together with such charges as may be lawfully imposed thereupon, in cash or other medium satisfactory to the payee or transferee, within thirty

(30)days following a written demand therefor delivered to the maker personally 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, and regardless whether the payee has elected the treble damages provided by '3443 of the Civil Code, the payee or the payee's transferee shall be entitled to reasonable attorneys' fees as awarded by the court, but not less than $25.00 nor more than $250.00 in respect of each such check, draft or order. Said notice shall contain a statement substantially as follows, in a conspicuous manner: “IF YOU HAVE NOT PAID THIS CHECK AND ALLOWABLE CHARGES WITHIN 30 DAYS OF DELIVERY OR MAILING OF THIS NOTICE, AND SUIT IS BROUGHT TO COLLECT THE AMOUNTS OWING UNDER THE CHECK, THE COURT MUST AWARD ATTORNEYS' FEES AS PROVIDED IN 20 GCA § 6105.” Attorneys' fees shall be allowed to any plaintiff employing or retaining an attorney in the action, however the limitation on attorneys' fees shall not apply to any post judgment representation. The court may, in its discretion, award the plaintiff additional attorneys' fees in such amount as it deems appropriate for representation in any post judgment collection matter.