United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-15-2

This section sets the required form for notice about a dishonored check, allows written notice by first-class postage-prepaid U.S. mail, and treats properly mailed certified or registered notice a…

bad checkscheck dishonor noticecheck noticecivil damagescivil recoverycollection costscollection noticemailmail noticenoticereturned checksservice charges

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01

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“This section sets the required form for notice about a dishonored check, allows written notice by first-class postage-prepaid U.S. mail, and treats properly mailed certified or registered notice as conclusively given in specified circumstances.”

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Notice -- Form.

This section sets the required form for notice about a dishonored check, allows written notice by first-class postage-prepaid U.S. mail, and treats properly mailed certified or registered notice as conclusively given in specified circumstances.

Section 7-15-2

Subsection 7-15-2(1)(c)(v)

addressed to the signer at the signer's: address as it appears on the check; or last-known address.

Section 7-15-2(1)(c)(v)

Subsection 7-15-2(3)

A holder exempt under Subsection 7-15-1(9) is exempt from this section.

Section 7-15-2(3)

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Showing 16 of 16 provisions

Provision 14Commencement 2
§ 7-15-2Notice -- Form.Commencement

This section sets the required form for notice about a dishonored check, allows written notice by first-class postage-prepaid U.S. mail, and treats properly mailed certified or registered notice as conclusively given in specified circumstances.

Notice -- Form. "Notice" means notice given to the issuer of a check either orally or in writing. Written notice may be given by United States mail that is: first class; and postage prepaid. Notwithstanding Subsection (1)(b) , written notice is conclusively presumed to have been given when the notice is: properly deposited in the United States mail; postage prepaid; certified or registered mail; return receipt requested; and addressed to the signer at the signer's: address as it appears on the check; or last-known address. Written notice under Subsection 7-15-1(5) shall take substantially the following form: "Date: ____ To: _____ You are hereby notified that the check(s) described below issued by you has (have) been returned to us unpaid: Check date: ____ Check number: ____ Originating institution: ____ Amount: ____ Reason for dishonor (marked on check): ____ In accordance with Section 7-15-1 , Utah Code Annotated, you are liable for this check together with a service charge of $20, which must be paid to the undersigned. If you do not pay the check amount and the $20 service charge within 15 calendar days from the day on which this notice was mailed, you are required to pay within 30 calendar days from the day on which this notice is mailed: (1) the check amount; (2) the $20 service charge; and (3) collection costs not to exceed $35. If you do not pay the check amount, the $20 service charge, and the collection costs within 30 calendar days from the day on which this notice is mailed, in accordance with Section 7-15-1 , Utah Code Annotated, an appropriate civil legal action may be commenced against you for: (1) the check amount; (2) interest; (3) court costs; (4) attorneys' fees; (5) actual costs of collection as provided by law; and (6) damages in an amount equal to the greater of $100 or triple the check amount, except: (a) that damages recovered under this Subsection (6) may not exceed the check amount by more than $500; and (b) you are not liable for these damages for a check used to obtain a deferred deposit loan. In addition, the criminal code provides in Section 76-6-505 , Utah Code Annotated, that any person who issues or passes a check for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check. The civil action referred to in this notice does not preclude the right to prosecute under the criminal code of the state. (Signed) ____________________________________________________ Name of Holder: ____________________________________________________ Address of Holder: ____________________________________________________ Telephone Number: ___________________________________________________" Notwithstanding the other provisions of this section, a holder exempt under Subsection 7-15-1(9) is exempt from this section.
Section 7-15-2Verify source
§ 7-15-2(1)Subsection 7-15-2(1)Provision

This subsection defines “notice” for a check issuer and says written notice may be sent by first-class, postage-prepaid U.S. mail.

"Notice" means notice given to the issuer of a check either orally or in writing. Written notice may be given by United States mail that is: first class; and postage prepaid. Notwithstanding Subsection (1)(b) , written notice is conclusively presumed to have been given when the notice is: properly deposited in the United States mail; postage prepaid; certified or registered mail; return receipt requested; and addressed to the signer at the signer's: address as it appears on the check; or last-known address.
Section 7-15-2(1)Verify source
§ 7-15-2(1)(a)Subsection 7-15-2(1)(a)Provision

"Notice" means notice given to the issuer of a check, orally or in writing.

"Notice" means notice given to the issuer of a check either orally or in writing.
Section 7-15-2(1)(a)Verify source
§ 7-15-2(1)(b)Subsection 7-15-2(1)(b)Provision

Written notice may be sent by United States mail if it is first class and postage prepaid.

Written notice may be given by United States mail that is: first class; and postage prepaid.
Section 7-15-2(1)(b)Verify source
§ 7-15-2(1)(b)(i)Subsection 7-15-2(1)(b)(i)Provision

first class; and

first class; and
Section 7-15-2(1)(b)(i)Verify source
§ 7-15-2(1)(b)(ii)Subsection 7-15-2(1)(b)(ii)Provision

postage prepaid.

postage prepaid.
Section 7-15-2(1)(b)(ii)Verify source
§ 7-15-2(1)(c)Subsection 7-15-2(1)(c)Provision

Written notice is conclusively presumed given when it is properly mailed with postage prepaid by certified or registered mail, return receipt requested, and addressed to the signer at the address on the check or the signer’s last-known address.

Notwithstanding Subsection (1)(b) , written notice is conclusively presumed to have been given when the notice is: properly deposited in the United States mail; postage prepaid; certified or registered mail; return receipt requested; and addressed to the signer at the signer's: address as it appears on the check; or last-known address.
Section 7-15-2(1)(c)Verify source
§ 7-15-2(1)(c)(i)Subsection 7-15-2(1)(c)(i)Provision

properly deposited in the United States mail;

properly deposited in the United States mail;
Section 7-15-2(1)(c)(i)Verify source
§ 7-15-2(1)(c)(ii)Subsection 7-15-2(1)(c)(ii)Provision

postage prepaid;

postage prepaid;
Section 7-15-2(1)(c)(ii)Verify source
§ 7-15-2(1)(c)(iii)Subsection 7-15-2(1)(c)(iii)Provision

certified or registered mail;

certified or registered mail;
Section 7-15-2(1)(c)(iii)Verify source
§ 7-15-2(1)(c)(iv)Subsection 7-15-2(1)(c)(iv)Provision

return receipt requested; and

return receipt requested; and
Section 7-15-2(1)(c)(iv)Verify source
§ 7-15-2(1)(c)(v)Subsection 7-15-2(1)(c)(v)Provision

addressed to the signer at the signer's: address as it appears on the check; or last-known address.

addressed to the signer at the signer's: address as it appears on the check; or last-known address.
Section 7-15-2(1)(c)(v)Verify source
§ 7-15-2(1)(c)(v)(A)Subsection 7-15-2(1)(c)(v)(A)Provision

address as it appears on the check; or

address as it appears on the check; or
Section 7-15-2(1)(c)(v)(A)Verify source
§ 7-15-2(1)(c)(v)(B)Subsection 7-15-2(1)(c)(v)(B)Provision

last-known address.

last-known address.
Section 7-15-2(1)(c)(v)(B)Verify source
§ 7-15-2(2)Subsection 7-15-2(2)Commencement

Written notice under Subsection 7-15-1(5) shall take substantially the following form: "Date: ____ To: _____ You are hereby notified that the check(s) described below issued by you has (have) been returned to us unpaid: Check date: ____

Written notice under Subsection 7-15-1(5) shall take substantially the following form: "Date: ____ To: _____ You are hereby notified that the check(s) described below issued by you has (have) been returned to us unpaid: Check date: ____ Check number: ____ Originating institution: ____ Amount: ____ Reason for dishonor (marked on check): ____ In accordance with Section 7-15-1 , Utah Code Annotated, you are liable for this check together with a service charge of $20, which must be paid to the undersigned. If you do not pay the check amount and the $20 service charge within 15 calendar days from the day on which this notice was mailed, you are required to pay within 30 calendar days from the day on which this notice is mailed: (1) the check amount; (2) the $20 service charge; and (3) collection costs not to exceed $35. If you do not pay the check amount, the $20 service charge, and the collection costs within 30 calendar days from the day on which this notice is mailed, in accordance with Section 7-15-1 , Utah Code Annotated, an appropriate civil legal action may be commenced against you for: (1) the check amount; (2) interest; (3) court costs; (4) attorneys' fees; (5) actual costs of collection as provided by law; and (6) damages in an amount equal to the greater of $100 or triple the check amount, except: (a) that damages recovered under this Subsection (6) may not exceed the check amount by more than $500; and (b) you are not liable for these damages for a check used to obtain a deferred deposit loan. In addition, the criminal code provides in Section 76-6-505 , Utah Code Annotated, that any person who issues or passes a check for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check. The civil action referred to in this notice does not preclude the right to prosecute under the criminal code of the state. (Signed) ____________________________________________________ Name of Holder: ____________________________________________________ Address of Holder: ____________________________________________________ Telephone Number: ___________________________________________________"
Section 7-15-2(2)Verify source
§ 7-15-2(3)Subsection 7-15-2(3)Provision

A holder exempt under Subsection 7-15-1(9) is exempt from this section.

Notwithstanding the other provisions of this section, a holder exempt under Subsection 7-15-1(9) is exempt from this section.
Section 7-15-2(3)Verify source

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