Title 44, Chapter 14, Section 516
( 44-14-516)
(a) For the purposes of this Code section, the term "bad check"
means a check drawn for payment of money on any bank or other
depository in exchange for merchandise or for services rendered on
merchandise when: (1) The drawer had no account with the drawee at the time the
check was drawn; (2) Payment was refused by the drawee for lack of funds in the
account of the drawer upon presentation within 30 days after
delivery and the drawer or someone for him shall not have paid the
payee the amount due thereon within ten days after receiving
written notice mailed by certified or registered mail or statutory
overnight delivery that payment was refused upon such instrument;
or (3) Notice mailed by certified or registered mail or statutory
overnight delivery as provided in paragraph (2) of this subsection
is returned undelivered to the sender when such notice was mailed
within a reasonable time of dishonor to the address printed on the
check or given by the drawer at the time of issuance of the check. (b) The payee of any bad check written in full or partial payment
for merchandise or for services rendered on merchandise, delivered
at the time of the acceptance of the check, shall have a lien for
the face amount of the check on the merchandise so delivered. Such
liens shall occupy the same position as mechanics' liens and shall
be perfected in the same manner as mechanics' liens. (c) The payee of any check written in full or partial payment for
merchandise or for services rendered on merchandise, delivered at
the time of the acceptance of the check and on which the payer
subsequently issues a stop payment order, shall have a lien for the
face amount of the check on the merchandise so delivered if the stop
payment order was issued within five days after the delivery of the
merchandise. Such liens shall occupy the same position as mechanics'
liens and shall be perfected in the same manner as mechanics' liens. |