Bill Text: NY A07521 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to written demands for payment; provides that written demands for the payment of dishonored checks may be in either English or Spanish, whichever is the spoken language of the drawer.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A07521 Detail]

Download: New_York-2011-A07521-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7521
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
         tee on Judiciary
       AN  ACT  to  amend  the  general obligations law, in relation to written
         demands for payment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 8 of section 11-104 of the general obligations
    2  law, as added by chapter 921 of the laws of 1985, is amended to read  as
    3  follows:
    4    8.  The  written  demands for payment required by subdivision seven of
    5  this section, shall be in the following form and shall be printed in  at
    6  least  ten  point  type  in  [both]  EITHER the English [and] OR Spanish
    7  [languages] LANGUAGE, WHICHEVER IS DETERMINED, UPON AFFIDAVIT, TO BE THE
    8  PRIMARY LANGUAGE SPOKEN BY THE DRAWER:
    9                   DEMAND FOR PAYMENT OF DISHONORED CHECK
   10  DATE:                                            1ST NOTICE
   11                                                   2ND AND FINAL NOTICE
   12  TO:        _______________________                WARNING: YOU MAY BE
   13                      NAME OF DRAWER                 SUED 30 DAYS AFTER
   14                   _____________________             THE DATE OF THIS
   15                   _____________________             NOTICE IF YOU DO
   16                   _____________________             NOT MAKE PAYMENT
   17               LAST KNOWN RESIDENCE ADDRESS
   18                 OR PLACE OF BUSINESS
   19  YOUR CHECK IN THE AMOUNT OF $___________DATED___________________
   20  PAYABLE TO THE ORDER OF___________________HAS BEEN DISHONORED BY
   21  THE BANK UPON WHICH IT WAS DRAWN, BECAUSE:
   22       _______YOU HAD NO ACCOUNT WITH THAT BANK.
   23       _______YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THAT BANK.
   24    IF YOU DO NOT MAKE PAYMENT, YOU MAY BE SUED UNDER  SECTION  11-104  OF
   25  THE  GENERAL  OBLIGATIONS  LAW  TO  RECOVER  PAYMENT.  IF  A JUDGMENT IS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11055-01-1
       A. 7521                             2
    1  RENDERED AGAINST YOU IN COURT, IT MAY INCLUDE NOT ONLY THE ORIGINAL FACE
    2  AMOUNT OF THE CHECK, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES, AS FOLLOWS:
    3    -- IF YOU HAD NO ACCOUNT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN,
    4  AN  ADDITIONAL  SUM  WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF
    5  THE CHECK OR SEVEN HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS; OR
    6    -- IF YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THE BANK  UPON  WHICH
    7  THE  CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE
    8  THE FACE AMOUNT OF THE CHECK OR FOUR HUNDRED DOLLARS, WHICHEVER IS LESS.
    9  PLEASE MAKE PAYMENT IN THE AMOUNT OF_______TO:
   10             ______________________________________
   11                       NAME OF PAYEE
   12               ____________________________________
   13               ____________________________________
   14               ____________________________________
   15                      ADDRESS TO WHICH PAYMENT
   16                         SHOULD BE DELIVERED
   17    IF YOU DISPUTE ANY OF THE FACTS LISTED ABOVE, CONTACT THE PAYEE  IMME-
   18  DIATELY.
   19    S 2. This act shall take effect immediately.
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