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PARRIS N. GLENDENING, Governor
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H.B. 48
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(1998 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Commercial Law
15-802.
(a) When a check or other instrument has been dishonored by nonacceptance
or nonpayment and has not been paid within 10 days, the holder to whom the check
or other instrument was issued or negotiated may send a notice of dishonor to the
maker or drawer as provided under this section.
(b) If a check or other instrument has not been paid within 30 days after the
holder has sent a notice of dishonor to the maker or drawer, the maker or drawer of a
check or other instrument that has been dishonored shall be liable for:
(1) The amount of the check or instrument;
(2) A collection fee of up to $35; and
(3) An amount up to 2 times the amount of the check, but not more than
$1,000.
(c) (1) (i) The holder of a check or other instrument that has been
dishonored may seek the damages provided under this section in [any] 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.
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- 4945 -
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