SP0321, LD 1088, item 2, 125th Maine State Legislature , Amendment C "A", Filing Number S-408, Sponsored by

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Amend the bill in section 1 in subsection 2 by striking out all of paragraph C (page 1, lines 14 to 31 in L.D.) and inserting the following:
 
‘C.  The drawer refuses to tender payment in the amount of the instrument within 5 days of receipt of a notice under this paragraph mailed by certified or registered mail evidenced by return receipt at the address printed on the instrument or given at the time of issuance. The notice must be substantially as follows:
 
"You are hereby notified that the following instrument(s):
 
Number: ........... Date: ............ Amount: ............. Name of Bank: ................. drawn upon ....................... and payable to ............................., (has)(have) been dishonored. Pursuant to Maine law, the Maine Revised Statutes, Title 17-A, section 708, subsection 2, you have 5 days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $.............(............dollars and ............cents) and any fee charged to the holder of the instrument(s) by a bank or financial institution as a result of the instrument(s) not being honored, the total amount due being $..........(..........dollars and..........cents). Pursuant to Title 17-A, section 708, subsection 2, unless this amount is paid in full to ...........within 5 days after the actual receipt of this notice of dishonor, your failure to pay the amount owed gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that you knew that your instruments(s) would not be honored. Your failure to pay the amount owed could result in a report to a law enforcement agency for investigation and possible criminal prosecution for negotiating a worthless instrument in violation of Title 17-A, section 708, subsection 1." ’
 
SUMMARY
This amendment increases the time a drawer of a dishonored check has to pay the amount of the dishonored check to the holder before a rebuttable presumption of prima facie evidence is created that the drawer knew it would be dishonored from 24 hours to 5 days after receiving notice.

SP0321, Filing Number S-408, LR 1947, item 2,Second Regular Session - 125th Maine Legislature, page