§ 13A-9-13.2 — Negotiating Worthless Negotiable Instrument - Notice of Refusal of Payment Upon Instrument

Alabama § 13A-9-13.2

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 9: Forgery and Fraudulent Practices
• Art. 1: Forgery and Related Offenses

Text

For purposes of Section 13A-9-13.1:
(1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument.
(2) The form of notice shall be substantially as follows:
“This statutory notice is provided pursuant to Section 13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered _____, apparently issued by you on ________ (date), drawn upon ________ (name of bank), and payable to ________, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of not more than (fill in appropriate amount provided by law), the total amount due being $_____. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.”
(3) Any party holding a worthless negotiable instrument and giving notice in substantially similar form to that provided in subdivision (2) of this section shall be immune from civil or criminal liability for the giving of the notice and for proceeding under the forms of the notice.

Legislative History

(Acts 1980, No. 80-200, p. 279, §2; Acts 1989, No. 89-807, p. 1608, §2; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1.)