H*3844 Session 108 (1989-1990)
H*3844(Rat #0357, Act #0332 of 1990) General Bill, By J.G. Mattos, R.L. Altman,
Bailey, B.O. Baker, D. Blackwell, H. Brown, P.M. Burch, C.D. Chamblee,
M.J. Cooper, Davenport, J.L. Harris, Haskins, Littlejohn, D.A. Moss, Phillips,
Quinn, J. Rama, J.J. Snow, E.C. Stoddard, Townsend, Vaughn, D.C. Waldrop,
S.S. Wofford and D.A. Wright
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
34-11-75 so as to provide for a civil remedy for the drawing and uttering of a
fraudulent check, draft, or other written order.
04/11/89 House Introduced and read first time HJ-6
04/11/89 House Referred to Committee on Judiciary HJ-6
05/03/89 House Committee report: Favorable with amendment
Judiciary HJ-6
05/17/89 House Debate interrupted HJ-66
05/18/89 House Amended HJ-27
05/18/89 House Read second time HJ-28
05/22/89 House Read third time and sent to Senate HJ-33
05/23/89 Senate Introduced and read first time SJ-52
05/23/89 Senate Referred to Committee on Judiciary SJ-52
01/24/90 Senate Committee report: Favorable Judiciary SJ-10
01/25/90 Senate Read second time SJ-22
01/25/90 Senate Ordered to third reading with notice of
amendments SJ-22
01/31/90 Senate Amended SJ-26
01/31/90 Senate Read third time and returned to House with
amendments SJ-26
02/07/90 House Concurred in Senate amendment and enrolled HJ-31
02/15/90 Ratified R 357
02/20/90 Signed By Governor
02/20/90 Effective date 02/20/90
02/20/90 Act No. 332
02/27/90 Copies available
(A332, R357, H3844)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING
AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
Fraudulent checks, civil remedy
SECTION 1. The 1976 Code is amended by adding:
"Section 34-11-75. As used in this section, 'check' means
a check, draft, or other written order drawn on a bank or depository.
(1) In addition to criminal penalties, a person who knowingly or
with fraudulent intent, as defined in and as may be established by
prima facie evidence under the provisions of Section 34-11-70, draws,
makes, utters, or issues and delivers to another a check drawn on a
bank or depository that refuses to honor it because the maker or
drawer does not have sufficient funds on deposit in or credit with the
bank or depository with which to pay the check upon presentation and
who fails to pay the same amount in cash to the payee, within thirty
days following written demand, is liable to the payee for the amount
owing on the check and for damages of the lesser of five hundred
dollars or three times the amount owing on the check. In an action
under this section, the court or jury may waive all or part of the
treble damages upon a finding that the defendant's failure to satisfy
the dishonored check was due to the defendant's recent discharge from
his employment, personal or family illness, or personal or family
catastrophic loss.
The written demand must:
(a) describe the check and the circumstances of its
dishonor;
(b) contain a demand for payment and a notice of intent to
file suit for treble damages under this section if payment is not
received within thirty days; and
(c) be mailed by certified mail to the defendant at his
last known address.
(2) In an action under item (1), the presiding judge may award
the prevailing party, as part of the court costs payable, a reasonable
attorney's fee to the attorney representing the prevailing party in
the action.
(3) It is an affirmative defense, in addition to other defenses,
to an action under this section if it is found that:
(a) full satisfaction of the amount of the check was made
before the beginning of the action;
(b) the bank or depository erred in dishonoring the check;
or
(c) the acceptor of the check knew at the time of
acceptance that there were insufficient funds on deposit in the bank
or depository with which to cause the check to be honored."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of February, 1990.
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