Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Issuer: means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of:
(i)
obtaining from any person any money, merchandise, property, or other thing of value; or
(ii)
paying for any service, wages, salary, or rent. See Utah Code 7-15-1
Mailed: means the day that a notice is properly deposited in the United States mail. See Utah Code 7-15-1
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
“Notice” means notice given to the issuer of a check either orally or in writing.
(b)
Written notice may be given by United States mail that is:
(i)
first class; and
(ii)
postage prepaid.
(c)
Notwithstanding Subsection (1)(b), written notice is conclusively presumed to have been given when the notice is:
(i)
properly deposited in the United States mail;
(ii)
postage prepaid;
(iii)
certified or registered mail;
(iv)
return receipt requested; and
(v)
addressed to the signer at the signer’s:
(A)
address as it appears on the check; or
(B)
last-known address.
(2)
Written notice under Subsection 7-15-1(5) shall take substantially the following form: “Date: ____ To: _____ You are hereby notified that the check(s) described below issued by you has (have) been returned to us unpaid: Check date: ____ Check number: ____ Originating institution: ____ Amount: ____ Reason for dishonor (marked on check): ____ In accordance with Section 7-15-1, Utah Code Annotated, you are liable for this check together with a service charge of $20, which must be paid to the undersigned. If you do not pay the check amount and the $20 service charge within 15 calendar days from the day on which this notice was mailed, you are required to pay within 30 calendar days from the day on which this notice is mailed: (1) the check amount; (2) the $20 service charge; and (3) collection costs not to exceed $35. If you do not pay the check amount, the $20 service charge, and the collection costs within 30 calendar days from the day on which this notice is mailed, in accordance with Section 7-15-1, Utah Code Annotated, an appropriate civil legal action may be commenced against you for: (1) the check amount; (2) interest; (3) court costs; (4) attorneys’ fees; (5) actual costs of collection as provided by law; and (6) damages in an amount equal to the greater of $100 or triple the check amount, except: (a) that damages recovered under this Subsection (6) may not exceed the check amount by more than $500; and (b) you are not liable for these damages for a check used to obtain a deferred deposit loan. In addition, the criminal code provides in Section 76-6-505, Utah Code Annotated, that any person who issues or passes a check for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check. The civil action referred to in this notice does not preclude the right to prosecute under the criminal code of the state. (Signed) ____________________________________________________ Name of Holder: ____________________________________________________ Address of Holder: ____________________________________________________ Telephone Number: ___________________________________________________”
(3)
Notwithstanding the other provisions of this section, a holder exempt under Subsection 7-15-1(9) is exempt from this section.
