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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 68. Miscellaneous Provisions
- Section 115. Bad Check Civil Penalties.
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AS 09.68.115. Bad Check Civil Penalties.
- (a) In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount
equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section
may not exceed the amount of the check by more than $1,000 and may be awarded only if
- (1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and
- (2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a
maximum $30 fee.
- (b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the
jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.
- (c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim
by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the
plaintiff up to a maximum of $150.
- (d) In this section
- (1) "check" has the meaning given in AS 11.46.280
- (2) "dishonored" means the nonpayment of a check because of
- (A) lack of funds;
- (B) closure or nonexistence of an account; or
- (C) a stop payment order issued without cause;
- (3) "written demand" means a written notice to the issuer of a check personally delivered or sent by first class mail to
the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the
civil penalties set out in this section.
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