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Ala. Code § 13A-9-13.1

Negotiating Worthless Negotiable Instrument - Generally.

Known as the Alabama Criminal Code

The act spans §§ 13A-10-1 to 13A-9-92 (653 sections).

Applied in 6 court decisions — leading case Car Renovators Reynolds v. Dixie Nissan (1991)

Most recently applied in 920 F. Supp. 2d 1247 - Harris v. Falls (January 2013)

(Acts 1980, No. 80-200, p. 279, §1; Acts 1989, No. 89-807, p. 1608, §2; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1; Act 2014-444, p. 1659, §1.)

How often courts cite this section

1984199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee.

(b) For the purposes of this section, it is prima facie evidence that the maker or drawer intended, knew, or expected that the instrument would not be honored in any of the following instances:

(1) The maker or drawer had no account with the drawee at the time the negotiable instrument was negotiated or delivered, as determined according to Section 7-3-503(2).

(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery, and the maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of not more than (fill in appropriate amount as provided by law), within 10 days after receiving written notice from the holder of the instrument that payment was refused upon the instrument, as provided in Section 13A-9-13.2.

(3) Notice that payment was refused is mailed by certified or registered mail and is returned undelivered to the sender, when the notice is mailed within a reasonable time after dishonor to the address printed on the instrument or given by the maker or drawer at the time of issuance of the instrument.

(c) Negotiating a worthless negotiable instrument is a Class A misdemeanor.

(d) The definition of “negotiable instrument” in Section 7-3-104 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3. For the purposes only of this section and Sections 13A-9-13.2 and 13A-9-13.3, the term “negotiable instrument” shall include electronic drafts.

(e) The definition of “negotiation” in Section 7-3-202 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.

(f) The definition of “delivery” in Section 7-1-201(14) applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.