What's happening
This bill requires written demands for dishonored check payments to be provided in either English or Spanish based on the drawer's primary language.
Why it matters
Ensures that individuals who receive a demand for payment of a dishonored check get the notice in their primary language (English or Spanish), making the legal consequences and next steps clearer and more accessible. This could help prevent misunderstandings and reduce the risk of people missing important legal deadlines due to language barriers.
Requires an affidavit to determine the drawer's primary language, adding a layer of accountability for businesses or individuals sending the demand. This measure helps ensure that the correct language is chosen and could protect both senders and recipients from disputes over language accessibility.
May improve compliance with payment demands and decrease unnecessary litigation. By making the consequences and actions required more understandable for Spanish-speaking individuals, the bill could lead to more timely resolutions and fewer cases escalating to court due to lack of comprehension.
Reflects a broader push toward language inclusivity in legal and financial communications in New York State. The bill acknowledges the state's linguistic diversity and sets a precedent for similar changes in other legal contexts, potentially influencing future legislation.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Payment Notices in Preferred Language
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
2 Multi-sponsors
History
- Held for consideration in judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3432
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. McKEVITT, GRAF, RA -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to written demands for payment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 11-104 of the general obligations law, as added by chapter 921 of the laws of 1985, is amended to read as follows:
8. The written demands for payment required by subdivision seven of this section, shall be in the following form and shall be printed in at least ten point type in [both] either the English [and] or Spanish [languages] language, whichever is determined, upon affidavit, to be the primary language spoken by the drawer:
DEMAND FOR PAYMENT OF DISHONORED CHECK DATE: 1ST NOTICE
2ND AND FINAL NOTICE TO: _______________________ WARNING: YOU MAY BE
NAME OF DRAWER SUED 30 DAYS AFTER
_____________________ THE DATE OF THIS
_____________________ NOTICE IF YOU DO
_____________________ NOT MAKE PAYMENT
LAST KNOWN RESIDENCE ADDRESS
OR PLACE OF BUSINESS YOUR CHECK IN THE AMOUNT OF $___________DATED___________________ PAYABLE TO THE ORDER OF___________________HAS BEEN DISHONORED BY THE BANK UPON WHICH IT WAS DRAWN, BECAUSE:
_______YOU HAD NO ACCOUNT WITH THAT BANK.
_______YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THAT BANK.
IF YOU DO NOT MAKE PAYMENT, YOU MAY BE SUED UNDER SECTION 11-104 OF THE GENERAL OBLIGATIONS LAW TO RECOVER PAYMENT. IF A JUDGMENT IS
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04662-01-7
A. 3432 2
RENDERED AGAINST YOU IN COURT, IT MAY INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES, AS FOLLOWS:
-- IF YOU HAD NO ACCOUNT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF THE CHECK OR SEVEN HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS; OR
-- IF YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF THE CHECK OR FOUR HUNDRED DOLLARS, WHICHEVER IS LESS.
PLEASE MAKE PAYMENT IN THE AMOUNT OF_______TO:
______________________________________
NAME OF PAYEE
____________________________________
____________________________________
____________________________________
ADDRESS TO WHICH PAYMENT
SHOULD BE DELIVERED
IF YOU DISPUTE ANY OF THE FACTS LISTED ABOVE, CONTACT THE PAYEE IMME- DIATELY.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.