2010 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 5 --- Contracts, Notes, And Other Commercial Instruments
Chapter 60 - Checks
§ 4-60-103 - Liability for restitution.

4-60-103. Liability for restitution.

(a) Any person who issues a check which is not paid because the check was written on an account with insufficient funds has fifteen (15) days following the date of a written demand mailed or delivered to the drawer of the check at the address shown on the check or his or her last known address to pay to the holder of the check or his or her agent the amount of the check and a collection fee not to exceed twenty-five dollars ($25.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored.

(b) (1) Any person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed twenty-five dollars ($25.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for:

(A) Twice the amount of the check, but in no case less than fifty dollars ($50.00);

(B) A collection fee not to exceed twenty-five dollars ($25.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored; and

(C) Any taxes which may be due pursuant to 26-52-301(3)(E).

(2) The prevailing party may recover court costs and reasonable attorney's fees after suit has been filed.

(c) (1) Nothing in this section shall prevent the criminal prosecution of the person who issues the check.

(2) However, any payment made by the defendant to a victim pursuant to an order for restitution entered in a criminal prosecution shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.

HISTORY: Acts 1987, No. 66, 2; 1995, No. 335, 1; 1995, No. 1004, 1; 2001, No. 996, 1.

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