CHAPTER 350

FORMERLY

HOUSE BILL NO. 480

AN ACT TO AMEND ARTICLE 3. SUBTITLE 1, TITLE 6 OF THE DELAWARE CODE RELATING TO DISHONORED CHECKS, DRAFTS OR ORDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part 8, Article 3, Subtitle 1, Title 6 of the Delaware Code, by adding a new Section which shall read as follows:

"§3-806. Dishonor of checks, drafts or orders; damages

In any action against a person who makes any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the drawer has no account with the drawee. the plaintiff may recover from the defendant damages In an amount equal to $100.00 or triple the amount for which the check, draft or order is drawn, whichever is greater. However, the damages recovered under this Section shall not exceed by more than $500.00 the amount of the check, draft or order and may be awarded only if the plaintiff made written demand of the defendant for payment of the amount of the check, draft or order not less than thirty (30) days before commencing the action and if the defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount demanded.

Subsequent to the commencement of the action but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court and service costs."

Approved July 17, 1984.