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H.491

AN ACT RELATING TO NOTICE OF A DISHONORED CHECK BY FIRST CLASS MAIL WITH AN AFFIDAVIT OF SERVICE BY MAILING

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 2311(b)(2) is amended to read:

(2)  “Notice” means notice given to the maker, drawer, or issuer of the check, draft, or order in writing.  Notice in writing shall include the date the check was written, the person to whom the check was made payable, bank fees, mailing costs, the amount of the check, and the date by which payment should be made.  Notice in writing shall be conclusively presumed to have been given:

(A)  when properly mailed by certified mail and by first class mail, addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address.  If notice is given in writing it shall be given both by certified mail and by first class mail; or

(B)  if:

(i)  the notice has been properly mailed by first class mail addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address;

(ii)  the notice is supported by an affidavit of service by mailing; and

(iii)  three days have gone by after the date the affidavit is executed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us