§ 358-C:5 — Check Collection Charges

I. A creditor involved in a consumer credit transaction or a debt collector designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument may charge and receive a check collection charge of not more than $25, unless otherwise expressly authorized by written agreement with the consumer.
II. In the case of a consumer credit transaction, disclosure of a check collection charge made pursuant to paragraph I of this section shall be made in the promissory note or sales finance contract. In the case of debt collectors, notification of imposition of a check collection charge pursuant to paragraph I of this section shall be done by telephone or written notice sent by regular mail to the debtor at the debtor's last known telephone number or address or at the address shown on the check or other instrument. The notice shall state the amount of the check collection charge that has been or will be imposed, and shall state that the debtor is responsible for paying the check collection charge as well as the value of the check or other instrument.

Legislative History

1997, 161:1, eff. Jan. 1, 1998; 322:27, eff. Jan. 1, 1998 at 12:01 a.m.