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A03432 Summary:

BILL NOA03432
 
SAME ASNo Same As
 
SPONSORMcKevitt
 
COSPNSRGraf, Ra, Lupinacci
 
MLTSPNSRMcDonough, Morinello
 
Amd 11-104, Gen Ob L
 
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.
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A03432 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3432
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced by M. of A. McKEVITT, GRAF, RA -- Multi-Sponsored by -- M. of
          A. McDONOUGH -- read once and referred to the Committee 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.
                                                                   LBD04662-01-7

        A. 3432                             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    § 2. This act shall take effect immediately.
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