(a) For purposes of this section and ยง 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.
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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
(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.
Section: Previous 5-37-302 5-37-303 5-37-304 5-37-305 5-37-306 5-37-307 NextLast modified: November 15, 2016