The New York State Senate

                    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.