United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-15-1

This section defines key terms and sets civil liability rules for dishonored checks, including notice, collection costs, damages, and exemptions.

Source excerpt

attorney feesbankingcheck collectioncheck dishonorcheckscivil actioncivil liabilitycollection costscostsdamagesdishonored checksfeesholder liabilityliabilitynegotiable instrumentsnoticenotice requirementspayment dishonorpayments

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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Definitions -- Civil liability of issuer -- Notice of action -- Collection costs -- Exemptions.

This section defines key terms and sets civil liability rules for dishonored checks, including notice, collection costs, damages, and exemptions.

Section 7-15-1

Subsection 7-15-1(2)(a)(iii)(B)

The issuer must not stop payment on the check with intent to defeat a possessory lien or defraud the check holder.

Section 7-15-1(2)(a)(iii)(B)

Subsection 7-15-1(5)(b)(i)(A)

the amount owed under Subsection (2)(b) ; and

Section 7-15-1(5)(b)(i)(A)

Subsection 7-15-1(7)(b)

Section 7-15-1(7)(b)

Subsection 7-15-1(9)(b)

A holder exempt under Subsection (9)(a) may contract with an issuer to collect fees or charges for dishonored checks.

Section 7-15-1(9)(b)

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Showing 88 of 88 provisions

Provision 80Commencement 8

§ 7-15-1Definitions -- Civil liability of issuer -- Notice of action -- Collection costs -- Exemptions.Commencement

Source excerpt

This section defines key terms and sets civil liability rules for dishonored checks, including notice, collection costs, damages, and exemptions.

Definitions -- Civil liability of issuer -- Notice of action -- Collection costs -- Exemptions. As used in this chapter: "Check" means a payment instrument on a depository institution including a: check; draft; order; or other instrument. "Issuer" means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of: obtaining from any person any money, merchandise, property, or other thing of value; or paying for any service, wages, salary, or rent. "Mailed" means the day that a notice is properly deposited in the United States mail. An issuer of a check is liable to the holder of the check if: the check: is not honored upon presentment; and is marked "refer to maker"; the account upon which the check is made or drawn: does not exist; has been closed; or does not have sufficient funds or sufficient credit for payment in full of the check; or the check is issued in partial or complete fulfillment of a valid and legally binding obligation; and the issuer stops payment on the check with the intent to: fraudulently defeat a possessory lien; or otherwise defraud the holder of the check. If an issuer of a check is liable under Subsection (2)(a) , the issuer is liable for: the check amount; and a service charge of $20. The holder of a check that has been dishonored may: give written or oral notice of dishonor to the issuer of the check; and waive all or part of the service charge imposed under Subsection (2)(b) . Notwithstanding Subsection (2)(b) , a holder of a check that has been dishonored may not collect and the issuer is not liable for the service charge imposed under Subsection (2)(b) if: the holder redeposits the check; and that check is honored. If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs not to exceed $35. A holder shall provide written notice to an issuer before: charging collection costs under Subsection (4) in addition to the amount owed under Subsection (2)(b) ; or commencing an action based upon this section. The written notice required under Subsection (5)(a) shall notify the issuer of the dishonored check that: if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from the day on which the notice is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs under Subsection (4) ; and the holder may commence a civil action if the issuer does not pay to the holder the amount owed under Subsection (4) within 30 calendar days from the day on which the notice is mailed. Except as provided in Section 7-23-401 , if the issuer has not paid the holder the amounts owed under Subsection (4) within 30 calendar days from the day on which the notice required by Subsection (5) is mailed, the holder may offer to not commence a civil action under this section if the issuer pays the holder: the amount owed under Subsection (2)(b) ; the collection costs under Subsection (4) ; an amount that: is equal to the greater of: $50; or triple the check amount; and does not exceed the check amount plus $250; and if the holder retains an attorney to recover on the dishonored check, reasonable attorney's fees not to exceed $50. Notwithstanding Subsection (6)(a) , all amounts charged or collected under Subsection (6)(a)(iii) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (6)(a)(iii) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (6)(a)(iii) . A holder may not commence a civil action under this section unless the issuer fails to pay the amounts owed: under Subsection (4) ; and within 30 calendar days from the day on which the notice required by Subsection (5) is mailed. Subject to Subsections (7)(c) and (d) and except as provided in Section 7-23-401 , in a civil action the issuer of the check is liable to the holder for: the amount owed under Subsection (2)(b) ; the collection costs under Subsection (4) ; interest; court costs; reasonable attorney fees; and damages: equal to the greater of: $100; or triple the check amount; and not to exceed the check amount plus $500. If an issuer is held liable under Subsection (7)(b) , notwithstanding Subsection (7)(b) , a court may waive any amount owed under Subsections (7)(b)(iii) through (vi) upon a finding of good cause. If a holder of a check violates this section by commencing a civil action under this section before 31 calendar days from the day on which the notice required by Subsection (5) is mailed, an issuer may not be held liable for an amount in excess of the check amount. Notwithstanding Subsection (7)(b) , all amounts charged or collected under Subsection (7)(b)(vi) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (7)(b)(vi) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (7)(b)(vi) . This section may not be construed to prohibit the holder of the check from seeking relief under any other applicable statute or cause of action. Notwithstanding the other provisions of this section, a holder of a check is exempt from this section if the holder is: a depository institution; or a person that receives a payment on behalf of a depository institution. A holder exempt under Subsection (9)(a) may contract with an issuer for the collection of fees or charges for the dishonor of a check.

Section 7-15-1Verify source

§ 7-15-1(1)Subsection 7-15-1(1)Provision

Source excerpt

This subsection defines “check,” “issuer,” and “mailed” for the chapter.

As used in this chapter: "Check" means a payment instrument on a depository institution including a: check; draft; order; or other instrument. "Issuer" means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of: obtaining from any person any money, merchandise, property, or other thing of value; or paying for any service, wages, salary, or rent. "Mailed" means the day that a notice is properly deposited in the United States mail.

Section 7-15-1(1)Verify source

§ 7-15-1(1)(a)Subsection 7-15-1(1)(a)Provision

Source excerpt

"Check" means a payment instrument on a depository institution including a: check; draft; order; or other instrument.

Section 7-15-1(1)(a)Verify source

§ 7-15-1(1)(a)(i)Subsection 7-15-1(1)(a)(i)Provision

Source excerpt

check;

Section 7-15-1(1)(a)(i)Verify source

§ 7-15-1(1)(a)(ii)Subsection 7-15-1(1)(a)(ii)Provision

Source excerpt

draft;

Section 7-15-1(1)(a)(ii)Verify source

§ 7-15-1(1)(a)(iii)Subsection 7-15-1(1)(a)(iii)Provision

Source excerpt

order; or

Section 7-15-1(1)(a)(iii)Verify source

§ 7-15-1(1)(a)(iv)Subsection 7-15-1(1)(a)(iv)Provision

Source excerpt

other instrument.

Section 7-15-1(1)(a)(iv)Verify source

§ 7-15-1(1)(b)Subsection 7-15-1(1)(b)Provision

Source excerpt

“Issuer” means a person who makes, draws, signs, or issues a check for specified purposes.

"Issuer" means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of: obtaining from any person any money, merchandise, property, or other thing of value; or paying for any service, wages, salary, or rent.

Section 7-15-1(1)(b)Verify source

§ 7-15-1(1)(b)(i)Subsection 7-15-1(1)(b)(i)Provision

Source excerpt

obtaining from any person any money, merchandise, property, or other thing of value; or

Section 7-15-1(1)(b)(i)Verify source

§ 7-15-1(1)(b)(ii)Subsection 7-15-1(1)(b)(ii)Provision

Source excerpt

paying for any service, wages, salary, or rent.

Section 7-15-1(1)(b)(ii)Verify source

§ 7-15-1(1)(c)Subsection 7-15-1(1)(c)Provision

Source excerpt

“Mailed” means a notice is properly deposited in the United States mail.

"Mailed" means the day that a notice is properly deposited in the United States mail.

Section 7-15-1(1)(c)Verify source

§ 7-15-1(2)Subsection 7-15-1(2)Provision

Source excerpt

An issuer of a check is liable to the holder of the check if: the check: is not honored upon presentment; and is marked "refer to maker"; the account upon which the check is made or drawn: does not exist; has been closed; or does not have sufficient funds or sufficient credit for payment in full of the check; or the check is issued in partial or complete fulfillment of a valid and legally binding obligation; and the issuer stops payment on the check with the intent to: fraudulently defeat a possessory lien; or otherwise defraud the holder of the check. If an issuer of a check is liable under Subsection (2)(a) , the issuer is liable for: the check amount; and a service charge of $20.

Section 7-15-1(2)Verify source

§ 7-15-1(2)(a)Subsection 7-15-1(2)(a)Provision

Source excerpt

An issuer of a check is liable to the holder if the check is dishonored or marked “refer to maker,” if the account does not exist, is closed, or lacks sufficient funds or credit, or if payment is stopped with intent to defeat a lien or defraud the holder.

Section 7-15-1(2)(a)Verify source

§ 7-15-1(2)(a)(i)Subsection 7-15-1(2)(a)(i)Provision

Source excerpt

the check: is not honored upon presentment; and is marked "refer to maker";

Section 7-15-1(2)(a)(i)Verify source

§ 7-15-1(2)(a)(i)(A)Subsection 7-15-1(2)(a)(i)(A)Provision

Source excerpt

is not honored upon presentment; and

Section 7-15-1(2)(a)(i)(A)Verify source

§ 7-15-1(2)(a)(i)(B)Subsection 7-15-1(2)(a)(i)(B)Provision

Source excerpt

is marked "refer to maker";

Section 7-15-1(2)(a)(i)(B)Verify source

§ 7-15-1(2)(a)(ii)Subsection 7-15-1(2)(a)(ii)Provision

Source excerpt

the account upon which the check is made or drawn: does not exist; has been closed; or does not have sufficient funds or sufficient credit for payment in full of the check; or

Section 7-15-1(2)(a)(ii)Verify source

§ 7-15-1(2)(a)(ii)(A)Subsection 7-15-1(2)(a)(ii)(A)Provision

Source excerpt

does not exist;

Section 7-15-1(2)(a)(ii)(A)Verify source

§ 7-15-1(2)(a)(ii)(B)Subsection 7-15-1(2)(a)(ii)(B)Provision

Source excerpt

has been closed; or

Section 7-15-1(2)(a)(ii)(B)Verify source

§ 7-15-1(2)(a)(ii)(C)Subsection 7-15-1(2)(a)(ii)(C)Provision

Source excerpt

does not have sufficient funds or sufficient credit for payment in full of the check; or

Section 7-15-1(2)(a)(ii)(C)Verify source

§ 7-15-1(2)(a)(iii)Subsection 7-15-1(2)(a)(iii)Provision

Source excerpt

the check is issued in partial or complete fulfillment of a valid and legally binding obligation; and the issuer stops payment on the check with the intent to: fraudulently defeat a possessory lien; or otherwise defraud the holder of the

Section 7-15-1(2)(a)(iii)Verify source

§ 7-15-1(2)(a)(iii)(A)Subsection 7-15-1(2)(a)(iii)(A)Provision

Source excerpt

the check is issued in partial or complete fulfillment of a valid and legally binding obligation; and

Section 7-15-1(2)(a)(iii)(A)Verify source

§ 7-15-1(2)(a)(iii)(B)Subsection 7-15-1(2)(a)(iii)(B)Provision

Source excerpt

The issuer must not stop payment on the check with intent to defeat a possessory lien or defraud the check holder.

the issuer stops payment on the check with the intent to: fraudulently defeat a possessory lien; or otherwise defraud the holder of the check.

Section 7-15-1(2)(a)(iii)(B)Verify source

§ 7-15-1(2)(a)(iii)(B)(I)Subsection 7-15-1(2)(a)(iii)(B)(I)Provision

Source excerpt

Fraudulently defeating a possessory lien is referenced.

fraudulently defeat a possessory lien; or

Section 7-15-1(2)(a)(iii)(B)(I)Verify source

§ 7-15-1(2)(a)(iii)(B)(II)Subsection 7-15-1(2)(a)(iii)(B)(II)Provision

Source excerpt

otherwise defraud the holder of the check.

Section 7-15-1(2)(a)(iii)(B)(II)Verify source

§ 7-15-1(2)(b)Subsection 7-15-1(2)(b)Provision

Source excerpt

If an issuer of a check is liable under Subsection (2)(a) , the issuer is liable for: the check amount; and a service charge of $20.

Section 7-15-1(2)(b)Verify source

§ 7-15-1(2)(b)(i)Subsection 7-15-1(2)(b)(i)Provision

Source excerpt

the check amount; and

Section 7-15-1(2)(b)(i)Verify source

§ 7-15-1(2)(b)(ii)Subsection 7-15-1(2)(b)(ii)Provision

Source excerpt

A service charge of $20 is stated.

a service charge of $20.

Section 7-15-1(2)(b)(ii)Verify source

§ 7-15-1(3)Subsection 7-15-1(3)Provision

Source excerpt

The holder of a check that has been dishonored may: give written or oral notice of dishonor to the issuer of the check; and waive all or part of the service charge imposed under Subsection (2)(b) . Notwithstanding Subsection (2)(b) , a holder of a check that has been dishonored may not collect and the issuer is not liable for the service charge imposed under Subsection (2)(b) if: the holder redeposits the check; and that check is honored.

Section 7-15-1(3)Verify source

§ 7-15-1(3)(a)Subsection 7-15-1(3)(a)Provision

Source excerpt

The holder of a dishonored check may notify the issuer of the dishonor and may waive all or part of the related service charge.

The holder of a check that has been dishonored may: give written or oral notice of dishonor to the issuer of the check; and waive all or part of the service charge imposed under Subsection (2)(b) .

Section 7-15-1(3)(a)Verify source

§ 7-15-1(3)(a)(i)Subsection 7-15-1(3)(a)(i)Provision

Source excerpt

Written or oral notice of dishonor must be given to the issuer of the check.

give written or oral notice of dishonor to the issuer of the check; and

Section 7-15-1(3)(a)(i)Verify source

§ 7-15-1(3)(a)(ii)Subsection 7-15-1(3)(a)(ii)Provision

Source excerpt

waive all or part of the service charge imposed under Subsection (2)(b) .

Section 7-15-1(3)(a)(ii)Verify source

§ 7-15-1(3)(b)Subsection 7-15-1(3)(b)Provision

Source excerpt

If a dishonored check is redeposited and then honored, the holder may not collect the service charge and the issuer is not liable for it.

Notwithstanding Subsection (2)(b) , a holder of a check that has been dishonored may not collect and the issuer is not liable for the service charge imposed under Subsection (2)(b) if: the holder redeposits the check; and that check is honored.

Section 7-15-1(3)(b)Verify source

§ 7-15-1(3)(b)(i)Subsection 7-15-1(3)(b)(i)Provision

Source excerpt

The holder must redeposit the check.

the holder redeposits the check; and

Section 7-15-1(3)(b)(i)Verify source

§ 7-15-1(3)(b)(ii)Subsection 7-15-1(3)(b)(ii)Provision

Source excerpt

that check is honored.

Section 7-15-1(3)(b)(ii)Verify source

§ 7-15-1(4)Subsection 7-15-1(4)Provision

Source excerpt

If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar days after the notice under Subsection (5) is mailed, the issuer becomes liable for that amount and collection costs up to $35.

If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs not to exceed $35.

Section 7-15-1(4)Verify source

§ 7-15-1(4)(a)Subsection 7-15-1(4)(a)Provision

Source excerpt

the amount owed under Subsection (2)(b) ; and

Section 7-15-1(4)(a)Verify source

§ 7-15-1(4)(b)Subsection 7-15-1(4)(b)Provision

Source excerpt

Collection costs may not exceed $35.

collection costs not to exceed $35.

Section 7-15-1(4)(b)Verify source

§ 7-15-1(5)Subsection 7-15-1(5)Commencement

Source excerpt

A holder must give the issuer written notice before charging collection costs or starting an action under this section.

A holder shall provide written notice to an issuer before: charging collection costs under Subsection (4) in addition to the amount owed under Subsection (2)(b) ; or commencing an action based upon this section. The written notice required under Subsection (5)(a) shall notify the issuer of the dishonored check that: if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from the day on which the notice is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs under Subsection (4) ; and the holder may commence a civil action if the issuer does not pay to the holder the amount owed under Subsection (4) within 30 calendar days from the day on which the notice is mailed.

Section 7-15-1(5)Verify source

§ 7-15-1(5)(a)Subsection 7-15-1(5)(a)Provision

Source excerpt

A holder must give written notice to an issuer before charging collection costs or before starting an action under this section.

Section 7-15-1(5)(a)Verify source

§ 7-15-1(5)(a)(i)Subsection 7-15-1(5)(a)(i)Provision

Source excerpt

Collection costs may be charged under Subsection (4) in addition to the amount owed under Subsection (2)(b).

charging collection costs under Subsection (4) in addition to the amount owed under Subsection (2)(b) ; or

Section 7-15-1(5)(a)(i)Verify source

§ 7-15-1(5)(a)(ii)Subsection 7-15-1(5)(a)(ii)Provision

Source excerpt

commencing an action based upon this section.

Section 7-15-1(5)(a)(ii)Verify source

§ 7-15-1(5)(b)Subsection 7-15-1(5)(b)Commencement

Source excerpt

The notice must tell the issuer that unpaid amounts can create liability after 15 calendar days, and the holder may bring a civil action if the Subsection (4) amount is not paid within 30 calendar days after mailing.

The written notice required under Subsection (5)(a) shall notify the issuer of the dishonored check that: if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from the day on which the notice is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs under Subsection (4) ; and the holder may commence a civil action if the issuer does not pay to the holder the amount owed under Subsection (4) within 30 calendar days from the day on which the notice is mailed.

Section 7-15-1(5)(b)Verify source

§ 7-15-1(5)(b)(i)Subsection 7-15-1(5)(b)(i)Provision

Source excerpt

If the amount owed under Subsection (2)(b) is not paid within 15 calendar days after the notice is mailed, the issuer is liable for that amount and collection costs under Subsection (4).

if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from the day on which the notice is mailed, the issuer is liable for: the amount owed under Subsection (2)(b) ; and collection costs under Subsection (4) ; and

Section 7-15-1(5)(b)(i)Verify source

§ 7-15-1(5)(b)(i)(A)Subsection 7-15-1(5)(b)(i)(A)Provision

Source excerpt

the amount owed under Subsection (2)(b) ; and

Section 7-15-1(5)(b)(i)(A)Verify source

§ 7-15-1(5)(b)(i)(B)Subsection 7-15-1(5)(b)(i)(B)Provision

Source excerpt

collection costs under Subsection (4) ; and

Section 7-15-1(5)(b)(i)(B)Verify source

§ 7-15-1(5)(b)(ii)Subsection 7-15-1(5)(b)(ii)Commencement

Source excerpt

the holder may commence a civil action if the issuer does not pay to the holder the amount owed under Subsection (4) within 30 calendar days from the day on which the notice is mailed.

Section 7-15-1(5)(b)(ii)Verify source

§ 7-15-1(6)Subsection 7-15-1(6)Commencement

Source excerpt

If the issuer does not pay within 30 calendar days after the notice is mailed, the holder may offer not to bring a civil action if the issuer pays specified amounts.

Except as provided in Section 7-23-401 , if the issuer has not paid the holder the amounts owed under Subsection (4) within 30 calendar days from the day on which the notice required by Subsection (5) is mailed, the holder may offer to not commence a civil action under this section if the issuer pays the holder: the amount owed under Subsection (2)(b) ; the collection costs under Subsection (4) ; an amount that: is equal to the greater of: $50; or triple the check amount; and does not exceed the check amount plus $250; and if the holder retains an attorney to recover on the dishonored check, reasonable attorney's fees not to exceed $50. Notwithstanding Subsection (6)(a) , all amounts charged or collected under Subsection (6)(a)(iii) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (6)(a)(iii) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (6)(a)(iii) .

Section 7-15-1(6)Verify source

§ 7-15-1(6)(a)Subsection 7-15-1(6)(a)Commencement

Source excerpt

If the issuer has not paid within 30 calendar days after the notice is mailed, the holder may offer not to start a civil action if the issuer pays specified amounts.

Section 7-15-1(6)(a)Verify source

§ 7-15-1(6)(a)(i)Subsection 7-15-1(6)(a)(i)Provision

Source excerpt

Refers to the amount owed under Subsection (2)(b).

the amount owed under Subsection (2)(b) ;

Section 7-15-1(6)(a)(i)Verify source

§ 7-15-1(6)(a)(ii)Subsection 7-15-1(6)(a)(ii)Provision

Source excerpt

the collection costs under Subsection (4) ;

Section 7-15-1(6)(a)(ii)Verify source

§ 7-15-1(6)(a)(iii)Subsection 7-15-1(6)(a)(iii)Provision

Source excerpt

an amount that: is equal to the greater of: $50; or triple the check amount; and does not exceed the check amount plus $250; and

Section 7-15-1(6)(a)(iii)Verify source

§ 7-15-1(6)(a)(iii)(A)Subsection 7-15-1(6)(a)(iii)(A)Provision

Source excerpt

An amount is set at the greater of $50 or triple the check amount.

is equal to the greater of: $50; or triple the check amount; and

Section 7-15-1(6)(a)(iii)(A)Verify source

§ 7-15-1(6)(a)(iii)(A)(I)Subsection 7-15-1(6)(a)(iii)(A)(I)Provision

Source excerpt

The text states an amount of $50.

$50; or

Section 7-15-1(6)(a)(iii)(A)(I)Verify source

§ 7-15-1(6)(a)(iii)(A)(II)Subsection 7-15-1(6)(a)(iii)(A)(II)Provision

Source excerpt

triple the check amount; and

Section 7-15-1(6)(a)(iii)(A)(II)Verify source

§ 7-15-1(6)(a)(iii)(B)Subsection 7-15-1(6)(a)(iii)(B)Provision

Source excerpt

A check-related amount must not exceed the check amount plus $250.

does not exceed the check amount plus $250; and

Section 7-15-1(6)(a)(iii)(B)Verify source

§ 7-15-1(6)(a)(iv)Subsection 7-15-1(6)(a)(iv)Provision

Source excerpt

If the holder retains an attorney to recover on a dishonored check, reasonable attorney’s fees are capped at $50.

if the holder retains an attorney to recover on the dishonored check, reasonable attorney's fees not to exceed $50.

Section 7-15-1(6)(a)(iv)Verify source

§ 7-15-1(6)(b)Subsection 7-15-1(6)(b)Provision

Source excerpt

Money charged or collected under Subsection (6)(a)(iii) must be paid to, and belongs to, the original payee of the check.

Notwithstanding Subsection (6)(a) , all amounts charged or collected under Subsection (6)(a)(iii) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (6)(a)(iii) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (6)(a)(iii) .

Section 7-15-1(6)(b)Verify source

§ 7-15-1(6)(b)(i)Subsection 7-15-1(6)(b)(i)Provision

Source excerpt

Notwithstanding Subsection (6)(a) , all amounts charged or collected under Subsection (6)(a)(iii) shall be paid to and be the property of the original payee of the check.

Section 7-15-1(6)(b)(i)Verify source

§ 7-15-1(6)(b)(ii)Subsection 7-15-1(6)(b)(ii)Provision

Source excerpt

A person who is not the original payee may not keep amounts charged or collected under Subsection (6)(a)(iii).

A person who is not the original payee may not retain any amounts charged or collected under Subsection (6)(a)(iii) .

Section 7-15-1(6)(b)(ii)Verify source

§ 7-15-1(6)(b)(iii)Subsection 7-15-1(6)(b)(iii)Provision

Source excerpt

The original payee of a check may not contract for another person to keep amounts charged or collected under Subsection (6)(a)(iii).

The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (6)(a)(iii) .

Section 7-15-1(6)(b)(iii)Verify source

§ 7-15-1(7)Subsection 7-15-1(7)Commencement

Source excerpt

A holder may not commence a civil action under this section unless the issuer fails to pay the amounts owed: under Subsection (4) ; and within 30 calendar days from the day on which the notice required by Subsection (5) is mailed. Subject to Subsections (7)(c) and (d) and except as provided in Section 7-23-401 , in a civil action the issuer of the check is liable to the holder for: the amount owed under Subsection (2)(b) ; the collection costs under Subsection (4) ; interest; court costs; reasonable attorney fees; and damages: equal to the greater of: $100; or triple the check amount; and not to exceed the check amount plus $500. If an issuer is held liable under Subsection (7)(b) , notwithstanding Subsection (7)(b) , a court may waive any amount owed under Subsections (7)(b)(iii) through (vi) upon a finding of good cause. If a holder of a check violates this section by commencing a civil action under this section before 31 calendar days from the day on which the notice required by Subsection (5) is mailed, an issuer may not be held liable for an amount in excess of the check amount. Notwithstanding Subsection (7)(b) , all amounts charged or collected under Subsection (7)(b)(vi) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (7)(b)(vi) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (7)(b)(vi) .

Section 7-15-1(7)Verify source

§ 7-15-1(7)(a)Subsection 7-15-1(7)(a)Commencement

Source excerpt

A holder may not start a civil action under this section unless the issuer fails to pay the amounts owed under Subsection (4) and 30 calendar days have passed since the notice in Subsection (5) was mailed.

Section 7-15-1(7)(a)Verify source

§ 7-15-1(7)(a)(i)Subsection 7-15-1(7)(a)(i)Provision

Source excerpt

under Subsection (4) ; and

Section 7-15-1(7)(a)(i)Verify source

§ 7-15-1(7)(a)(ii)Subsection 7-15-1(7)(a)(ii)Provision

Source excerpt

An action must be taken within 30 calendar days after the notice required by Subsection (5) is mailed.

within 30 calendar days from the day on which the notice required by Subsection (5) is mailed.

Section 7-15-1(7)(a)(ii)Verify source

§ 7-15-1(7)(b)Subsection 7-15-1(7)(b)Provision

Source excerpt

Subject to Subsections (7)(c) and (d) and except as provided in Section 7-23-401 , in a civil action the issuer of the check is liable to the holder for: the amount owed under Subsection (2)(b) ; the collection costs under Subsection (4) ; interest; court costs; reasonable attorney fees; and damages: equal to the greater of: $100; or triple the check amount; and not to exceed the check amount plus $500.

Section 7-15-1(7)(b)Verify source

§ 7-15-1(7)(b)(i)Subsection 7-15-1(7)(b)(i)Provision

Source excerpt

the amount owed under Subsection (2)(b) ;

Section 7-15-1(7)(b)(i)Verify source

§ 7-15-1(7)(b)(ii)Subsection 7-15-1(7)(b)(ii)Provision

Source excerpt

the collection costs under Subsection (4) ;

Section 7-15-1(7)(b)(ii)Verify source

§ 7-15-1(7)(b)(iii)Subsection 7-15-1(7)(b)(iii)Provision

Source excerpt

interest;

Section 7-15-1(7)(b)(iii)Verify source

§ 7-15-1(7)(b)(iv)Subsection 7-15-1(7)(b)(iv)Provision

Source excerpt

court costs;

Section 7-15-1(7)(b)(iv)Verify source

§ 7-15-1(7)(b)(v)Subsection 7-15-1(7)(b)(v)Provision

Source excerpt

reasonable attorney fees; and

Section 7-15-1(7)(b)(v)Verify source

§ 7-15-1(7)(b)(vi)Subsection 7-15-1(7)(b)(vi)Provision

Source excerpt

damages: equal to the greater of: $100; or triple the check amount; and not to exceed the check amount plus $500.

Section 7-15-1(7)(b)(vi)Verify source

§ 7-15-1(7)(b)(vi)(A)Subsection 7-15-1(7)(b)(vi)(A)Provision

Source excerpt

An amount is set at the greater of $100 or triple the check amount.

equal to the greater of: $100; or triple the check amount; and

Section 7-15-1(7)(b)(vi)(A)Verify source

§ 7-15-1(7)(b)(vi)(A)(I)Subsection 7-15-1(7)(b)(vi)(A)(I)Provision

Source excerpt

Mentions an amount of $100.

$100; or

Section 7-15-1(7)(b)(vi)(A)(I)Verify source

§ 7-15-1(7)(b)(vi)(A)(II)Subsection 7-15-1(7)(b)(vi)(A)(II)Provision

Source excerpt

triple the check amount; and

Section 7-15-1(7)(b)(vi)(A)(II)Verify source

§ 7-15-1(7)(b)(vi)(B)Subsection 7-15-1(7)(b)(vi)(B)Provision

Source excerpt

An amount may not exceed the check amount plus $500.

not to exceed the check amount plus $500.

Section 7-15-1(7)(b)(vi)(B)Verify source

§ 7-15-1(7)(c)Subsection 7-15-1(7)(c)Provision

Source excerpt

If an issuer is held liable under Subsection (7)(b) , notwithstanding Subsection (7)(b) , a court may waive any amount owed under Subsections (7)(b)(iii) through (vi) upon a finding of good cause.

Section 7-15-1(7)(c)Verify source

§ 7-15-1(7)(d)Subsection 7-15-1(7)(d)Provision

Source excerpt

A holder of a check must not start a civil action under this section until 31 calendar days after the notice required by Subsection (5) is mailed.

If a holder of a check violates this section by commencing a civil action under this section before 31 calendar days from the day on which the notice required by Subsection (5) is mailed, an issuer may not be held liable for an amount in excess of the check amount.

Section 7-15-1(7)(d)Verify source

§ 7-15-1(7)(e)Subsection 7-15-1(7)(e)Provision

Source excerpt

Amounts charged or collected under Subsection (7)(b)(vi) must be paid to, and belong to, the original payee of the check. A non-original payee may not keep those amounts, and the original payee may not contract for someone else to keep them.

Notwithstanding Subsection (7)(b) , all amounts charged or collected under Subsection (7)(b)(vi) shall be paid to and be the property of the original payee of the check. A person who is not the original payee may not retain any amounts charged or collected under Subsection (7)(b)(vi) . The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (7)(b)(vi) .

Section 7-15-1(7)(e)Verify source

§ 7-15-1(7)(e)(i)Subsection 7-15-1(7)(e)(i)Provision

Source excerpt

Amounts charged or collected under Subsection (7)(b)(vi) must be paid to the original payee of the check, despite Subsection (7)(b).

Notwithstanding Subsection (7)(b) , all amounts charged or collected under Subsection (7)(b)(vi) shall be paid to and be the property of the original payee of the check.

Section 7-15-1(7)(e)(i)Verify source

§ 7-15-1(7)(e)(ii)Subsection 7-15-1(7)(e)(ii)Provision

Source excerpt

A person other than the original payee may not keep amounts charged or collected under Subsection (7)(b)(vi).

A person who is not the original payee may not retain any amounts charged or collected under Subsection (7)(b)(vi) .

Section 7-15-1(7)(e)(ii)Verify source

§ 7-15-1(7)(e)(iii)Subsection 7-15-1(7)(e)(iii)Provision

Source excerpt

The original payee of a check may not contract for someone to keep amounts charged or collected under Subsection (7)(b)(vi).

The original payee of a check may not contract for a person to retain any amounts charged or collected under Subsection (7)(b)(vi) .

Section 7-15-1(7)(e)(iii)Verify source

§ 7-15-1(8)Subsection 7-15-1(8)Provision

Source excerpt

The section does not bar the holder of the check from seeking relief under other applicable statutes or causes of action.

This section may not be construed to prohibit the holder of the check from seeking relief under any other applicable statute or cause of action.

Section 7-15-1(8)Verify source

§ 7-15-1(9)Subsection 7-15-1(9)Provision

Source excerpt

A holder of a check is exempt from this section if the holder is a depository institution or receives payment on behalf of a depository institution.

Notwithstanding the other provisions of this section, a holder of a check is exempt from this section if the holder is: a depository institution; or a person that receives a payment on behalf of a depository institution. A holder exempt under Subsection (9)(a) may contract with an issuer for the collection of fees or charges for the dishonor of a check.

Section 7-15-1(9)Verify source

§ 7-15-1(9)(a)Subsection 7-15-1(9)(a)Provision

Source excerpt

A holder of a check is exempt from this section if the holder is a depository institution or receives a payment on behalf of a depository institution.

Section 7-15-1(9)(a)Verify source

§ 7-15-1(9)(a)(i)Subsection 7-15-1(9)(a)(i)Provision

Source excerpt

a depository institution; or

Section 7-15-1(9)(a)(i)Verify source

§ 7-15-1(9)(a)(ii)Subsection 7-15-1(9)(a)(ii)Provision

Source excerpt

This provision describes a person who receives a payment on behalf of a depository institution.

a person that receives a payment on behalf of a depository institution.

Section 7-15-1(9)(a)(ii)Verify source

§ 7-15-1(9)(b)Subsection 7-15-1(9)(b)Provision

Source excerpt

A holder exempt under Subsection (9)(a) may contract with an issuer to collect fees or charges for dishonored checks.

A holder exempt under Subsection (9)(a) may contract with an issuer for the collection of fees or charges for the dishonor of a check.

Section 7-15-1(9)(b)Verify source

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Utah Code § 7-15-1

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