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.
