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2013 SESSION
HB 1509 Failed electronic payments; civil action, unlawful detainer remedies.
Introduced by: Gregory D. Habeeb | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Civil action; failed electronic funds transfer; unlawful detainer remedies. Provides that if an electronic funds transfer is rejected because of insufficient funds or because a stop-payment order was placed on such payment in bad faith, the payee of the electronic funds transfer may recover in a civil action in the same manner as an action to recover for a bad check. The bill also provides that a writ of possession in an unlawful detainer action may be requested by the plaintiff's attorney or agent in addition to the plaintiff, and that such attorney or agent may also present into evidence an affidavit with copies of documents showing the plaintiff's right to possession of the premises. The bill further provides that such affidavit may contain a list of outstanding rent, late charges, attorney fees, and other damages owed to the plaintiff, and the court shall enter a judgment for the amount listed when entering an order of possession if the court finds that such amount is accurate.
SUMMARY AS INTRODUCED:
Civil action; failed electronic payments; unlawful detainer remedies. Allows a payee who received a failed electronic payment or an electronic payment where a stop-payment order was placed on such payment in bad faith to recover in a civil action in the same manner as an action to recover for a bad check. The bill also provides that a writ of possession in an unlawful detainer action may be requested by the plaintiff's attorney or agent in addition to the plaintiff, and that such attorney or agent may also present into evidence an affidavit with copies of documents showing the plaintiff's right to possession of the premises. The bill further provides that such affidavit may contain a list of outstanding rent, late charges, attorney fees, and other damages owed to the plaintiff, and the court shall enter a judgment for the amount listed when entering an order of possession if the court finds that such amount is accurate.