|SAME AS||No Same As|
|COSPNSR||Graf, Ra, Lupinacci|
|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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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. LBD04662-01-7A. 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.