|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.B. 356
|
|
|
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
THE District Court of [the State] MARYLAND 30 days after a notice of dishonor has
been sent by mail to the last known address of the maker or drawer.
(ii) The holder shall obtain a certificate of mailing from the U.S.
Postal Service for each notice sent by the holder under subparagraph (i) of this
paragraph.
(2) A notice of dishonor sent by a holder under this section to a maker or
drawer of a dishonored check or other instrument shall substantially comply with the
form prescribed in § 15-803 of this subtitle.
(d) A holder may not recover any damages under subsection (b)(3) of this
section if:
(1) The holder has demanded of, and received from, the maker or
drawer:
(i) Collection costs in excess of the collection fee provided under
subsection (b)(2) of this section; or
(ii) Collection costs within 30 days after the mailing of the notice of
dishonor, under subsection (c) of this section; or
(2) The dishonored check or other instrument provides for the payment
of collection costs in the event of dishonor.
(e) (1) 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.
(2) 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.
(3) 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 Title 3 of this article.
Article - Courts and Judicial Proceedings
4-401.
Except as provided in § 4-402 of this subtitle, and subject to the venue
provisions of Title 6 of this article, the District Court has exclusive original civil
jurisdiction in:
(1) An action in contract or tort, if the debt or damages claimed do not
exceed $25,000, exclusive of prejudgment or postjudgment interest, costs, and
attorney's fees if attorney's fees are recoverable by law or contract;
|
|
|
|
|
|
|
|
- 4436 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|