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60-2611. Civil action to collect on check or order; reasonable attorney fees assessed as costs.

60-2611

Chapter 60.--PROCEDURE, CIVIL
Article 26.--GENERAL PROVISIONS

      60-2611.   Civil action to collect on check or order; reasonable attorneyfees assessed as costs.In any civil action to enforce payment of or tocollect upon a check, order or draft on any bank, credit union, savings andloan association or depository for the payment of money or its equivalent,payment upon which such instrument has been refused because of insufficientfunds or no account, the party prevailing on such cause of action shall beawarded reasonable attorney fees. Such feesshall be assessed by the court ascosts against the losing party. The fees shall not be allowed unless theplaintiff offers proof during the trial of such action that prior to thefiling of the petition in the action demand for payment of the check, orderor draft had been made upon the defendant byfirst class mail not less than14 days prior to the filing of such suit.

      History:   L. 1990, ch. 209, § 3;L. 2000, ch. 175, § 6;L. 2004, ch. 176, § 3; July 1.

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