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Can you summarize NDCC Section 6-08-16.2?
General Provisions > Issuing check without account - Financial liability - Penalty - Exceptions.
Short Summary
This legal document governs the act of issuing a check, draft, electronic funds transfer authorization, or order for the payment of money without having an account with the bank or depository on which the instrument is drawn. Any person who willfully engages in this activity is guilty of a class C felony. There are two scenarios in which this offense is considered a class C felony: if the person has been previously convicted of issuing an instrument without an account, or if the instrument is for at least one thousand dollars or the person issues multiple instruments with an aggregate total exceeding one thousand dollars. The person who issues such an instrument is liable for collection fees or costs not exceeding forty dollars per instrument. However, if it is determined that the person is a victim of fraud, the fees or costs cannot be collected. The holder of the instrument or their agent or representative can bring a civil action to recover a civil penalty, which is the lesser of two hundred dollars or three times the amount of each instrument. There are provisions for notice of dishonor, mailing of notices, and time limits for criminal complaints and prosecution.
Whom does it apply to?
Any person who willfully issues an instrument without an account with the bank or depository on which the instrument is drawn
What does it govern?
Issuing check without account
What are exemptions?
If the person identified as the issuer of the instrument is the victim of fraud
What are the Penalties?
Class C felony, liable for collection fees or costs not exceeding forty dollars per instrument, civil penalty of the lesser of two hundred dollars or three times the amount of each instrument
Jurisdiction
North Dakota