NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 129
HOUSE BILL 441

AN ACT TO PROVIDE ADDITIONAL CIVIL REMEDIES FOR LOSSES CAUSED BY ACCEPTANCE OF RETURNED CHECKS.

The General Assembly of North Carolina enacts:

Section 1.  Article 2 of Chapter 6 of the General Statutes of North Carolina is amended by adding a new section to read as follows:
"§ 6-21.3.  Remedies for returned check. — In an action by a holder to recover the sum payable of a check drawn by the defendant on which payment has been refused by the payor bank because the drawer had no account or insufficient funds, upon a determination that the plaintiff has prevailed the presiding judge or magistrate shall add to the amount due to the plaintiff the sum of five dollars ($5.00) to defray the costs of processing the returned check, and the presiding judge or magistrate shall tax to the defendant, as part of the court costs payable, a reasonable attorney's fee to the duly licensed attorney representing the plaintiff in such suit upon a finding (1) that at least 10 days prior to instituting the action the plaintiff mailed the defendant written notice at the defendant's last known address of the intent to file such suit if payment for the check was not received, and (2) that the defendant failed to deliver payment or evidence of bank error to the plaintiff within 10 days after mailing of such notice."
Sec. 2.  This act shall take effect upon ratification but shall not affect pending cases.
In the General Assembly read three times and ratified, this the 10th day of April, 1975.