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Miss. Code Ann. § 11-7-12

Civil penalty recoverable for violation of bad check statute; applicability to electronic transfers of funds

Applied in 3 court decisions — leading case 832 So. 2d 1247 - Broome v. Broome (2002)

Most recently applied in Vine v. PLS Financial Services, Inc. (August 2016)

Laws, 1976, ch. 454; Laws, 2000, ch. 364, § 1; Laws, 2004, ch. 374, § 2; Laws, 2007, ch. 451, § 1, eff from and after July 1, 2007.

How often courts cite this section

20002010201610
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.

(1) If a check, draft or order is made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the payee, endorser or his assignee shall be entitled to collect, in addition to the face amount of the check, draft or order, a service charge of Forty Dollars ($40.00).

(2) In any civil action founded on a check, draft or order made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the plaintiff, if he be a payee, endorser, holder or assignee, shall be entitled to recover, in addition to the face amount of the check, draft or order, damages in the following amount: If the amount of the check, draft or order is up to and including Twenty-five Dollars ($25.00), then the additional damages shall be: A service charge of Thirty Dollars ($30.00); and

(3) In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge.

(4) If the amount of the check, draft or order is above Twenty-five Dollars, then the additional damages shall be: A service charge of Forty Dollars ($40.00); and

(5) In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge.

(6) The payee, endorser, holder or assignee of a check, draft or order may claim in a single civil action all checks, drafts or orders made, drawn, issued, uttered or delivered in violation of Section 97-19-55 by a single drawer without regard to venue or the identity or number of payees on those instruments.

(7) The provisions of this section shall also apply to electronic transfers of funds.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.