Section 97-19-57 - Bad checks, electronically converted checks, electronic commercial debits; presumption of fraudulent intent; notice that check or electronic fund transfer has not been paid; notice returned undelivered as evidence of intent to defraud; transactions involving motor vehicles(1) As against the maker, drawer or payor thereof, the making, drawing, issuing, uttering, delivering, or initiation of a check, draft, order, electronically converted check, or electronic commercial debit payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker, drawer or payor shall not have paid the holder or payee thereof the amount due thereon, together with a service charge of Forty Dollars ($40.00), within fifteen (15) days after receiving notice that such check, draft, order, electronically converted check, or electronic commercial debit has not been paid by the drawee or payor's bank.(2) For purposes of Section 11-7-12, the form of the notice provided for in subsection (1) of this section for a check, draft, order, or electronically converted check shall be sent by regular mail and shall be substantially as follows: "This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft, order, or electronically converted check numbered ____________________, apparently issued by you on ____________________ (date), drawn upon ____________________ (name of bank), and payable to ____________________, has been dishonored. Pursuant to Mississippi law, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such check, draft or order, or electronically converted check plus a service charge of Forty Dollars ($40.00), the total amount due being $ ____________________. Failure to pay this amount in full within the time specified above shall be prima facie evidence of and create a presumption of both the intent to defraud and the knowledge of insufficient funds in, or on deposit with, such bank in violation of Section 97-19-55."(3) For purposes of Section 97-19-67, the form of the notice provided for in subsection (1) of this section for a check, draft, order, or electronically converted check shall be sent by regular mail, supported by an affidavit of service by mailing, and shall be substantially as follows: "This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft, order, or electronically converted check numbered ____________________, apparently issued by you on ____________________ (date), drawn upon ____________________ (name of bank), and payable to ____________________, has been dishonored. Pursuant to Mississippi law, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such check, draft or order, or electronically converted check plus a service charge of Forty Dollars ($40.00), the total amount due being $ ____________________. Unless this amount is paid in full within the time specified above, the holder may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution."(4) For purposes of Sections 11-7-12 and 97-19-67, the form of notice provided for in subsection (1) of this section for an electronic commercial debit shall be sent by regular mail, supported by an affidavit of service by mailing, and shall be substantially as follows: "This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that on ____________________ (date) an electronic commercial debit was initiated by ____________________ (name of payee bank) on behalf of ____________________ (payee) to ____________________ (name of payor bank) through the ACH Network requesting a payment in the amount of $ ____________________ to ____________________ (payee) from your account pursuant to invoice number ____________________ and our agreement dated ____________________, but that payment has been dishonored. Pursuant to Mississippi law, because the payee delivered ____________________ (goods or service) to you in reliance upon the agreement, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such electronic commercial debit plus a service charge of Forty Dollars ($40.00), the total amount due being $ ____________________. Failure to pay this amount in full within the time specified above shall be prima facie evidence of and create a presumption of both the intent to defraud and the knowledge of insufficient funds in, or on deposit with, such bank in violation of Section 97-19-55, and the payee may assume that you entered into such agreement with intent to defraud and may turn over all documentation related to the dishonored electronic commercial debit to the proper authorities for criminal prosecution."(5) If any notice is returned undelivered to the sender after such notice was mailed to the address printed on the check, draft or order, or to the address given by the accused at the time of issuance of the instrument, such return shall be prima facie evidence of the maker's or drawer's intent to defraud.(6) Affidavit of service by mail shall be adequate if made in substantially the following form: "STATE OF ____________________
COUNTY OF ____________________
____________________, being first duly sworn on oath, deposes and states that he/she is at least eighteen (18) years of age and that on (date) ____________________, 2 ____________________, he/she served the attached Notice of Dishonor by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:
____________________
____________________
____________________
and deposited the same, postage prepaid, in the United States mail at ____________________ ____________________.
____________________
(signature)
Subscribed to and sworn before me, this the ____________________ day of ____________________, 2____________________.
____________________
(Notary Public)
My commission expires:
(SEAL)"
(7) Without in any way limiting the provisions of this section, this section shall apply to a draft for the payment of money given for a motor vehicle even if such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.Codes, 1942, § 2153-02; Laws, 1972, ch. 476, § 2; Laws, 1983, ch. 523, § 2; Laws, 1992, ch. 513, § 1; Laws, 1999, ch. 436, § 1; Laws, 2000, ch. 364, § 2; Laws, 2001, ch. 328, § 1; Laws, 2002, ch. 312, § 1; Laws, 2004, ch. 374, § 1, eff. 7/1/2004.Amended by Laws, 2015, ch. 323, HB 272, 2, eff. 7/1/2015.