Aviso de cheque sin fondos - Penal - Palabras clave: cheque sin fondos, cheque sin fondos
Note: This summary is not intended to be an
all inclusive summary of the law of bad checks, but does contain basic
and other provisions.
CIVIL PROVISIONS
Montana Statutes
TITLE 27 - CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1 - AVAILABILITY OF REMEDIES/LIABILITY
Part 7 - Liability
27-1-717. Issuing a bad check or stopping payment - civil liability.
(1) A person who issues a check, draft, or order for the payment
of money is liable for a service charge, as provided in subsection (2),
or for damages in a civil action, as provided in subsection (3), to the
payee to whom the check, draft, or order is issued, or the payee's assignee,
if the check, draft, or order is:
(b) issued in partial or complete fulfillment of a valid and legally
binding obligation and the issuer stops payment with the intent to fraudulently
defeat a possessory lien or otherwise defraud the payee of the check.
(2) The person who issues the check, draft, or order is liable
to the payee or the payee's assignee for a service charge in a reasonable
amount, not greater than $30. The payee or the payee's assignee may waive
the service charge. Demand for the service charge must be made in writing
by the payee or the payee's assignee and mailed to the address shown on
the check, draft, or order or to the issuer's last-known address. The demand
must state that the issuer is required to pay the value of the check, draft,
or order and service charge and must state the service charge provided
for in this section.
(3) The amount of damages awarded pursuant to subsection (1)
must be an amount equal to the service charge plus the greater of $100
or three times the amount for which the check, draft, or order was issued.
However, damages may not exceed the value of the check, draft, or order
by more than $500.
(4) The remedy provided by subsection (3) is available
only if:
(a) the payee or the payee's assignee has made the
written demand required in subsection (2) not less than 10 days before
commencing the action; and
(b) the issuer has failed to tender an amount of money equal
to the amount demanded under subsection (2) prior to the commencement of
the action.
(5) The remedy provided by this section:
(b) may be pursued whether or not a criminal penalty is sought
under 45-6-316 or any other statute providing a criminal penalty; and
(c) does not affect the obligation of the issuer provided
for in 30-3-423 to pay the amount of the draft. However, in case of any
inconsistency with the provisions of Title 30, chapter 3, the provisions
of this section apply.
(6) Upon introduction by the payee or the payee's assignee of
evidence sufficient to establish the fact of mailing as required under
subsection (2), the failure to receive the written demand is not a defense
to the action allowed under subsection (3).
CRIMINAL PROVISIONS
Montana Statutes
TITLE 45 - CRIMES
CHAPTER 6 - OFFENSES AGAINST PROPERTY
Part 3 - Theft and Related Offenses
45-6-316. Issuing a bad check.
(1) A person commits the offense of issuing a bad check when
the person issues or delivers a check or other order upon a real or fictitious
depository for the payment of money knowing that it will not be paid by
the depository.
(2) If the offender has an account with the depository,
failure to make good the check or other order within 5 days after written
notice of nonpayment has been received by the issuer is prima facie evidence
that the offender knew that it would not be paid by the depository.
(3) A person convicted of issuing a bad check shall
be fined not to exceed $1,000 or be imprisoned in the county jail for any
term not to exceed 6 months, or both. If the offender has engaged in issuing
bad checks that are part of a common scheme or if the value of any property,
labor, or services obtained or attempted to be obtained exceeds $1,000,
the offender shall be fined not to exceed $50,000 or be imprisoned in the
state prison for any term not to exceed 10 years, or both.
