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What are the required elements for a cause of action for collection of a worthless check, draft, or order of payment?

 

A:

To establish a cause of action for collection of a worthless check, draft or order of payment, the plainiff must prove that:

  • The payment was refused by the drawee because of a lack of funds, credit, or an account or where the maker or drawer stops the payment of the check to defraud the payee;

    The maker of the check fails to pay the amount owed within 30 days of a written demand;

    The plaintiff or payee may recover the face value of the check and triple the amount of the face value of the check; and

    The damages may not be less than $50.

     




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