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Can you summarize HIRS 490:3-506?
Dishonor > Dishonored check; action for treble damages; procedures.
Short Summary
This legal document pertains to actions against individuals who have made a dishonored check, draft, or order for the payment of money. The plaintiff in such cases may recover damages equal to $100 or triple the amount of the check, draft, or order, whichever is greater, not exceeding $500 more than the amount of the check, draft, or order. To be eligible for damages, the plaintiff must have made a written demand for payment at least ten days before commencing the action, and the defendant must have failed to tender the demanded amount. The plaintiff must provide written notice of demand for payment to the defendant via certified mail. The defendant has the option to tender the amount of the check and incurred court and service costs prior to the hearing. If the court or jury determines that the defendant’s failure to satisfy the dishonored check was due to economic hardship, they may waive all or part of the statutory damages, but the defendant will still be liable for the amount of the dishonored check plus incurred court and service costs.
Whom does it apply to?
Defendants who have made a dishonored check, draft, or order
What does it govern?
Action against a person who makes any check, draft, or order for the payment of money that has been dishonored
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Damages in an amount equal to $100 or triple the amount for which the check, draft, or order is drawn, whichever is greater, not exceeding by more than $500 the amount of the check, draft, or order.
Jurisdiction
Hawaii