N.D. Cent. Code § 6-08-16.2

6-08-16.2. Issuing check without account - Financial liability - Penalty - Exceptions

1. As used in this section unless the context otherwise requires:

a. "Account" means any account at a bank or depository from which an instrument

could legally be paid.

b. "Dishonor" is synonymous with "nonpayment".

c. "Instrument" means any check, draft, electronic funds transfer authorization, or

order for the payment of money.

d. "Issues" means draws, utters, electronically authorizes, or delivers.

2. A person that, for that person or as agent or representative of another, willfully as

defined in section 12.1-02-02 issues any instrument is guilty of a class C felony if that

person has been previously convicted of issuing an instrument without an account

pursuant to section 6-08-16.1, and at the time of issuing the instrument the drawer

does not have an account with the bank or depository on which the instrument is

drawn.

3. A person that, for that person or an agent or representative of another, willfully as

defined in section 12.1-02-02 issues any instrument is guilty of a class C felony if the

instrument was for at least one thousand dollars or that person, agent, or

representative of another, issues more than one instrument for which the aggregate

total of all instruments issued exceeds one thousand dollars, and at the time of issuing

the instrument, the drawer does not have an account with the bank or depository on

which the instrument is drawn.

4. A person that issues an instrument under subsection 2 or 3 is liable for collection fees

or costs not in excess of forty dollars per instrument which are recoverable by the

holder of the instrument, or the holder's agent or representative. If the state's attorney

or holder determines the person identified as the issuer of the instrument did not issue

the instrument in violation of this section but instead is the victim of fraud, that state's

attorney or holder shall provide the holder or the holder's agent or representative

written notice of the fraud and upon receipt of the notice that holder or that holder's

agent or representative may not collect fees or costs under this subsection. The holder

of the instrument or the holder's agent or representative is entitled to bring a civil

action to recover a civil penalty. The civil penalty is payment to the holder of the

instrument of the lesser of two hundred dollars or three times the amount of each

instrument.

5. An agent acting for the receiver of an instrument issued in violation of this section may

present the instrument to the state's attorney for prosecution if the holder or the

holder's agent or representative mailed a notice under subsection 6. During the first

one hundred twenty days after the drawer received notice under this subsection the

state's attorney shall accept the instrument presented by the agent. A criminal

complaint for violating this section must be executed within one hundred twenty days

after the drawer receives notice from the holder of a no-account or closed-account

instrument or the holder's agent or representative.

6. A notice of dishonor may be mailed by the holder of the instrument upon dishonor or

by the holder's agent or representative upon dishonor. Proof of mailing may be made

by return receipt or by an affidavit of mailing signed by the individual making the

mailing. The notice must be in substantially the following form:

Notice of Dishonored Instrument

Date ________________________________________________

Name of Issuer ________________________________________

Street Address ________________________________________

City and State _________________________________________

You are according to law notified that an instrument dated ______,

_____________, drawn on the ________________ Bank of

_______________ in the amount of _______________ has been

returned unpaid with the notation the payment has been refused
________________________________________

Street Address ________________________________________

City and State _________________________________________

You are according to law notified that an instrument dated ______,

_____________, drawn on the ________________ Bank of

_______________ in the amount of _______________ has been

returned unpaid with the notation the payment has been refused

because (of nonsufficient funds) (the drawer does not have an

account). Within ten days from the receipt of this notice,

you must pay or tender to ________________________________

(Holder or agent or representative)

sufficient moneys to pay such instrument in full and any collection

fees or costs not in excess of forty dollars.

The notice may also contain a recital of the penal provisions of this section and the

possibility of a civil action to recover any collection fees or costs authorized by this

section.