§ 2311 - Civil remedy for bad checks; damages - Vermont Statutes

§ 2311. Civil remedy for bad checks; damages

(a) In any action against a person who makes, issues or draws any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker, issuer or drawer has no account with the drawee, the holder may recover from the maker, issuer or drawer court costs, costs of service, the amount of the check, draft or order, bank fees, interest, attorney's fees and damages in the amount of $50.00. A holder may only recover attorney's fees and damages under this section if the holder gives notice pursuant to this section, for payment of the check, draft or order and the maker, issuer or drawer fails to tender within 30 days of the date of notice an amount equal to the amount of the check, draft or order, plus bank fees and mailing costs.

(b) As used in this section:

(1) "Dishonored" includes but is not limited to a stop payment order issued without cause.

(2) "Notice" means notice given to the maker, drawer, or issuer of the check, draft, or order in writing. Notice in writing shall include the date the check was written, the person to whom the check was made payable, bank fees, mailing costs, the amount of the check, and the date by which payment should be made. Notice in writing shall be conclusively presumed to have been given:

(A) when properly mailed by certified mail and by first class mail, addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address; or

(B) if:

(i) the notice has been properly mailed by first class mail addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address;

(ii) the notice is supported by an affidavit of service by mailing; and

(iii) three days have gone by after the date the affidavit is executed. (Amended 1971, No. 185 (Adj. Sess.), § 23, eff. March 29, 1972; No. 254 (Adj. Sess.), § 2, eff. April 11, 1972; 1987, No. 260 (Adj. Sess.); 2005, No. 60, § 1.)