Missouri Revised Statutes













Chapter 570

Robbery, Stealing and Related Offenses

←570.120

Section 570.123.1

570.125→

August 28, 2015

Until December 31, 2016--Civil action for damages for passing bad checks, only original holder may bring action--limitations--notice requirements--payroll checks, action to be against employer.

570.123. In addition to all other penalties provided by law, any person

who makes, utters, draws, or delivers any check, draft, or order for the

payment of money upon any bank, savings and loan association, credit union,

or other depositary, financial institution, person, firm, or corporation which

is not honored because of lack of funds or credit to pay or because of not

having an account with the drawee and who fails to pay the amount for which

such check, draft, or order was made in cash to the holder within thirty days

after notice and a written demand for payment, deposited as certified or

registered mail in the United States mail, or by regular mail, supported by

an affidavit of service by mailing, notice deemed conclusive three days

following the date the affidavit is executed, and addressed to the maker and

to the endorser, if any, of the check, draft, or order at each of their

addresses as it appears on the check, draft, or order or to the last known

address, shall, in addition to the face amount owing upon such check, draft,

or order, be liable to the holder for three times the face amount owed or one

hundred dollars, whichever is greater, plus reasonable attorney fees incurred

in bringing an action pursuant to this section. Only the original holder,

whether the holder is a person, bank, savings and loan association, credit

union, or other depository, financial institution, firm or corporation, may

bring an action pursuant to this section. No original holder shall bring an

action pursuant to this section if the original holder has been paid the face

amount of the check and costs recovered by the prosecuting attorney or circuit

attorney pursuant to subsection 6 of section 570.120. If the issuer of the

check has paid the face amount of the check and costs pursuant to subsection

6 of section 570.120, such payment shall be an affirmative defense to any

action brought pursuant to this section. The original holder shall elect to

bring an action pursuant to this section or section 570.120, but may not

bring an action pursuant to both sections. In no event shall the damages

allowed pursuant to this section exceed five hundred dollars, exclusive of

reasonable attorney fees. In situations involving payroll checks, the damages

allowed pursuant to this section shall only be assessed against the employer

who issued the payroll check and not against the employee to whom the payroll

check was issued. The provisions of sections 408.140 and 408.233 to the

contrary notwithstanding, a lender may bring an action pursuant to this

section. The provisions of this section will not apply in cases where there

exists a bona fide dispute over the quality of goods sold or services

rendered.



(L. 1985 S.B. 264 § 2, A.L. 1989 S.B. 310, A.L. 1993 S.B. 180, A.L.

2002 H.B. 1888, A.L. 2005 S.B. 420 & 344)



Transferred 2014; now 537.123; Effective 1-01-17





2002

1993



2002



570.123. In addition to all other penalties provided by law, any

person who makes, utters, draws, or delivers any check, draft, or order for

the payment of money upon any bank, savings and loan association, credit

union, or other depositary, financial institution, person, firm, or

corporation which is not honored because of lack of funds or credit to pay

or because of not having an account with the drawee and who fails to pay

the amount for which such check, draft, or order was made in cash to the

holder within thirty days after notice and a written demand for payment,

deposited as certified or registered mail in the United States mail, or by

regular mail, supported by an affidavit of service by mailing, notice

deemed conclusive three days following the date the affidavit is executed,

and addressed to the maker and to the endorser, if any, of the check,

draft, or order at each of their addresses as it appears on the check,

draft, or order or to the last known address, shall, in addition to the

face amount owing upon such check, draft, or order, be liable to the holder

for three times the face amount owed or one hundred dollars, whichever is

greater, plus attorney fees incurred in bringing an action pursuant to this

section. Only the original holder, whether the holder is a person, bank,

savings and loan association, credit union, or other depository, financial

institution, firm or corporation, may bring an action pursuant to this

section. No original holder shall bring an action pursuant to this section

if the original holder has been paid the face amount of the check and costs

recovered by the prosecuting attorney or circuit attorney pursuant to

subsection 6 of section 570.120. If the issuer of the check has paid the

face amount of the check and costs pursuant to subsection 6 of section

570.120, such payment shall be an affirmative defense to any action brought

pursuant to this section. The original holder shall elect to bring an

action pursuant to this section or section 570.120, but may not bring an

action pursuant to both sections. In no event shall the damages allowed

pursuant to this section exceed five hundred dollars, exclusive of attorney

fees. In situations involving payroll checks, the damages allowed pursuant

to this section shall only be assessed against the employer who issued the

payroll check and not against the employee to whom the payroll check was

issued. The provisions of sections 408.140 and 408.233, RSMo, to the

contrary notwithstanding, a lender may bring an action pursuant to this

section. The provisions of this section will not apply in cases where

there exists a bona fide dispute over the quality of goods sold or services

rendered.



1993



570.123. In addition to all other penalties provided by

law, any person who makes, utters, draws, or delivers any check,

draft, or order for the payment of money upon any bank, savings

and loan association, credit union, or other depositary,

financial institution, person, firm, or corporation which is not

honored because of lack of funds or credit to pay or because of

not having an account with the drawee and who fails to pay the

amount for which such check, draft, or order was made in cash to

the holder within thirty days after notice and a written demand

for payment, deposited as certified or registered mail in the

United States mail and addressed to the maker and to the

endorser, if any, of the check, draft, or order at each of their

addresses as it appears on the check, draft, or order or to the

last known address, shall, in addition to the face amount owing

upon such check, draft, or order, be liable to the holder for

three times the face amount owed or one hundred dollars,

whichever is greater, plus attorney fees incurred in bringing an

action pursuant to this section. Only the original holder,

whether the holder is a person, bank, savings and loan

association, credit union, or other depository, financial

institution, firm or corporation, may bring an action under this

section. No original holder shall bring an action pursuant to

this section if the original holder has been paid the face amount

of the check and costs recovered by the prosecuting attorney or

circuit attorney pursuant to subsection 6 of section 570.120. If

the issuer of the check has paid the face amount of the check and

costs pursuant to subsection 6 of section 570.120, such payment

shall be an affirmative defense to any action brought pursuant to

this section. The original holder shall elect to bring an action

under this section or section 570.120, but may not bring an

action under both sections. In no event shall the damages

allowed under this section exceed five hundred dollars, exclusive

of attorney fees. In situations involving payroll checks, the

damages allowed under this section shall only be assessed against

the employer who issued the payroll check and not against the

employee to whom the payroll check was issued. The provisions of

sections 408.140 and 408.233, RSMo, to the contrary

notwithstanding, a lender may bring an action pursuant to this

section. The provisions of this section will not apply in cases

where there exists a bona fide dispute over the quality of goods

sold or services rendered.



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