PARRIS N. GLENDENING, Governor                                S.B. 403

(ii) Collection costs within 30 days after the mailing of the notice of
dishonor, under subsection (3) of this section; or

(b) The dishonored chock or other instrument provides for the payment of
collection costs in the event of dishonor.

(5) (a) It shall be a complete defense to any action brought under this section
by any holder of a dishonored check or other instrument that, within 30 days from the
mailing of the notice of dishonor, the maker or drawer has paid to the holder the full
amount of the check or other instrument and collection costs of not more than $25.

(b) It shall be a complete defense to any action brought under this section
by a holder to whom a dishonored check or other instrument was issued that the dishonor
of the check or other instrument was due to a justifiable stop payment order or to the
attachment of the account.

(c) In any action brought under this section by a holder or holder in due
course to whom a dishonored check or other instrument was negotiated, the action is
subject to all valid defenses that may be raised by the maker or drawer against the holder
or holder in due course under this title.

(6)      DISHONOR OF A CHECK BY THE DRAWEE, THAT THE DRAWER HAD NO
ACCOUNT WITH THE DRAWEE AT THE TIME OF UTTERANCE, AND INSUFFICIENCY OF
THE DRAWER'S FUNDS AT THE TIME OF PRESENTATION AND UTTERANCE MAY BE
PROPERLY PROVEN BY INTRODUCTION IN EVIDENCE OF A NOTICE OF PROTEST OF
THE CHECK, OR OF A CERTIFICATE UNDER OATH OF AN AUTHORIZED
REPRESENTATIVE OF THE DRAWEE DECLARING THE DISHONOR, LACK OF
ACCOUNT, AND INSUFFICIENCY, AND THIS PROOF SHALL CONSTITUTE
PRESUMPTIVE EVIDENCE OF THE DISHONOR, LACK OF ACCOUNT, AND
INSUFFICIENCY.

(7)      IN ANY ACTION BROUGHT UNDER THIS SECTION, LOSS TO A
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP, OR ANY OTHER LEGAL OR
COMMERCIAL ENTITY FROM A BAD CHECK OR CHECKS MAY PROPERLY BE PROVEN
BY INTRODUCTION IN EVIDENCE OF AN AFFIDAVIT OF LOSS EXECUTED BY A
CUSTODIAN OF RECORDS OF THE CORPORATION. PARTNERSHIP, SOLE
PROPRIETORSHIP. OR OTHER LEGAL OR COMMERCIAL ENTITY. AND THIS PROOF
SHALL CONSTITUTE PRESUMPTIVE EVIDENCE OF THE LOSS.

Article—Courts and Judicial Proceedings

2-607.

(c) (1) A commissioner shall receive applications and determine probable cause
for the issuance of charging documents.

(2) (I) A COMMISSIONER MAY ACCEPT THE FILING BY MAIL OF A
WRITTEN APPLICATION REQUESTING A STATEMENT OF CHARGES AGAINST A
DEFENDANT WHO HAS NOT BEEN ARRESTED FOR THE OFFENSE. THE APPLICATION
SHALL CONTAIN AN AFFIDAVIT SHOWING PROBABLE CAUSE THAT THE DEFENDANT
COMMITTED THE OFFENSE CHARGED.

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