CHAPTER 253
H.P. 888 - L.D. 1205
An Act to Amend Certain Provisions Regarding the Presumption of Negotiating a Worthless Instrument
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §708, sub-§2-A is enacted to read:
2-A. The following evidentiary provisions apply.
A. It is presumed that the person who issued or negotiated the instrument had no account with the drawee at the time the instrument was issued or negotiated if there is a purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument that states "no account," "account closed" or some other terminology indicating that the instrument was not honored because no account existed.
B. It is presumed that the person who issued or negotiated the instrument had insufficient funds with the drawee at the time the instrument was issued or negotiated if there is a purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument that states "insufficient funds," "NSF" or some other terminology indicating that the instrument was not honored due to lack of funds.
C. The purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying a negotiable instrument is admissible in evidence in any court of the State, unless the defendant requests in writing at least 10 days before trial that the prosecution provide a qualified witness to testify as to why the instrument was not honored.
Effective September 19, 1997, unless otherwise indicated.
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