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5-37-303. Notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-303. Notice.
(a) For purposes of this section and § 5-37-304, notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence.
(b)(1) The form of the notice under subsection (a) of this section shall be substantially as follows:
“You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ . Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution.
CHECK NO. CHECK DATE CHECK AMOUNT NAME OF BANK ”.
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(2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state:
“Affidavit of Mailing I am over the age of eighteen (18) years and on (date), I mailed notice of insufficient funds under Arkansas Code § 5-37-303 to the addressee set forth below in an official depository under the exclusive care and custody of the United States Postal Service in (city, county, state), addressed as follows: (name and address of addressee). (Signature) (Date)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-37-303
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5bdd9d8c17bd69c5bb2e10c7b5ae6c945eb5779aa931ffadbcc822c750d27f82
Source location: content.xml paragraph 16721
Stored source content
5-37-303. Notice.
(a) For purposes of this section and § 5-37-304, notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence.
(b)(1) The form of the notice under subsection (a) of this section shall be substantially as follows:
“You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ . Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution.
CHECK NO. CHECK DATE CHECK AMOUNT NAME OF BANK ”.
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(2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state:
“Affidavit of Mailing I am over the age of eighteen (18) years and on (date), I mailed notice of insufficient funds under Arkansas Code § 5-37-303 to the addressee set forth below in an official depository under the exclusive care and custody of the United States Postal Service in (city, county, state), addressed as follows: (name and address of addressee). (Signature) (Date) (Notary) ”.
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(c) Any party holding a dishonored check or instrument and giving notice in substantially similar form to that provided in subsection (b) of this section and in the manner provided in subsection (a) of this section is immune from civil liability and criminal liability if sent in good faith for the giving of the notice and for proceeding under the forms of the notice.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-304. Evidence against maker or drawer.
(a) For purposes of this section, it is prima facie evidence that the maker or drawer intended to defraud and knew at the time of the making, drawing, uttering, or delivering that the check, draft, order, or other form of presentment involving transmission of account information would not be honored if:
(1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered;
(2) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or
(3) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer has not paid the holder the amount due, together with a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving transmission of account information by a financial institution as a result of the check, draft, order, or other form of presentment involving transmission of account information not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information.
(b)(1) A prosecuting attorney may file charges immediately after the check, draft, order, or other form of presentment involving the transmission of account information has been returned.
(2) T
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-37-304. This identifies an authority to review, not proof of applicability.