Relates to written demands for payment; provides that written demands for the payment of dishonored checks may be in either English or Spanish, whichever is the spoken language of the drawer.

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A7521-2011 Actions

• Jun 5, 2012: held for consideration in judiciary
• Jan 4, 2012: referred to judiciary
• May 10, 2011: referred to judiciary

A7521-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7521

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                May 10, 2011
                                 ___________

  Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
    tee 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.
                                                             LBD11055-01-1

 A. 7521                             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.