S T A T E O F N E W Y O R K
________________________________________________________________________
4097
2015-2016 Regular Sessions
I N A S S E M B L Y
January 29, 2015
___________
Introduced by M. of A. McKEVITT, GRAF, RA -- Multi-Sponsored by -- M. of
A. McDONOUGH -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to written
demands for payment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 11-104 of the general obligations
law, as added by chapter 921 of the laws of 1985, is amended to read as
follows:
8. The written demands for payment required by subdivision seven of
this section, shall be in the following form and shall be printed in at
least ten point type in [both] EITHER the English [and] OR Spanish
[languages] LANGUAGE, WHICHEVER IS DETERMINED, UPON AFFIDAVIT, TO BE THE
PRIMARY LANGUAGE SPOKEN BY THE DRAWER:
DEMAND FOR PAYMENT OF DISHONORED CHECK
DATE: 1ST NOTICE
2ND AND FINAL NOTICE
TO: _______________________ WARNING: YOU MAY BE
NAME OF DRAWER SUED 30 DAYS AFTER
_____________________ THE DATE OF THIS
_____________________ NOTICE IF YOU DO
_____________________ NOT MAKE PAYMENT
LAST KNOWN RESIDENCE ADDRESS
OR PLACE OF BUSINESS
YOUR CHECK IN THE AMOUNT OF $___________DATED___________________
PAYABLE TO THE ORDER OF___________________HAS BEEN DISHONORED BY
THE BANK UPON WHICH IT WAS DRAWN, BECAUSE:
_______YOU HAD NO ACCOUNT WITH THAT BANK.
_______YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THAT BANK.
IF YOU DO NOT MAKE PAYMENT, YOU MAY BE SUED UNDER SECTION 11-104 OF
THE GENERAL OBLIGATIONS LAW TO RECOVER PAYMENT. IF A JUDGMENT IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08475-01-5
A. 4097 2
RENDERED AGAINST YOU IN COURT, IT MAY INCLUDE NOT ONLY THE ORIGINAL FACE
AMOUNT OF THE CHECK, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES, AS FOLLOWS:
-- IF YOU HAD NO ACCOUNT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN,
AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF
THE CHECK OR SEVEN HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS; OR
-- IF YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THE BANK UPON WHICH
THE CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE
THE FACE AMOUNT OF THE CHECK OR FOUR HUNDRED DOLLARS, WHICHEVER IS LESS.
PLEASE MAKE PAYMENT IN THE AMOUNT OF_______TO:
______________________________________
NAME OF PAYEE
____________________________________
____________________________________
____________________________________
ADDRESS TO WHICH PAYMENT
SHOULD BE DELIVERED
IF YOU DISPUTE ANY OF THE FACTS LISTED ABOVE, CONTACT THE PAYEE IMME-
DIATELY.
S 2. This act shall take effect immediately.