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PARRIS N. GLENDENING, Governor
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Ch. 298
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(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.] FOR EACH NOTICE SENT BY THE HOLDER UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH, THE HOLDER SHALL:
1. OBTAIN A CERTIFICATE OF MAILING FROM THE U. S.
POSTAL SERVICE; OR
2. EXECUTE AN AFFIDAVIT THAT ATTESTS TO THE MAILING
OF THE NOTICE IN COMPLIANCE WITH 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
$35.
(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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
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Approved May 6, 2002.
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- 2685 -
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