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2000 SESSION

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HB 331 Stopping payment on checks; larceny.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Stopping payment on checks; larceny. Provides that any person who, with intent to defraud, stops payment on a check, draft or order before the recipient is able to cash the same shall be guilty of larceny. If the check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor. The bill also provides, however, that if, within 72 hours following the stop-payment order, the maker of the check, draft or order deposits with the court of proper jurisdiction funds in an amount equal to the check, draft or order and gives notice to the intended recipient of the check, draft or order that payment has been stopped and the funds deposited with the court, it shall be presumed, subject to rebuttal, that no fraud was intended or larceny committed. Within thirty days following deposit of the funds with the court, the intended recipient may institute an action, in the court where the funds are deposited, against the maker, for recovery of the money.


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