NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 243

HOUSE BILL 78

 

 

AN ACT TO REWRITE THE WORTHLESS CHECK LAW.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 14-107 is hereby rewritten to read as follows:

"§14-107.  Worthless checks. — It shall be unlawful for any person, firm or corporation, to draw, make, utter or issue and deliver to another, any check or draft on any bank or depository, for the payment of money or its equivalent knowing at the time of the making, drawing, uttering, issuing and delivering such check or draft as aforesaid, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation

It shall be unlawful for any person, firm or corporation to solicit or to aid and abet any other person, firm or corporation to draw, make, utter or issue and deliver to any person firm or corporation, any check or draft on any bank or depository for the payment of money or its equivalent, being informed, knowing or having reasonable grounds for believing at the time of the soliciting or the aiding and abetting that the maker or the drawer of the check or draft has not sufficient funds on deposit in, or credit with such bank or depository with which to pay the same upon presentation.

The word 'credit' as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of any such check or draft.

Any person, firm or corporation violating any provision of this section, shall be guilty of a misdemeanor and upon conviction shall be punished as follows:

(1)        If the amount of such check or draft is not over fifty dollars ($50.00), the punishment shall be by a fine not to exceed fifty dollars ($50.00) or imprisonment for not more than thirty days. Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions be punished in the discretion of the District or Superior Court as for a general misdemeanor.

(2)        If the amount of such check or draft is over fifty dollars ($50.00), the punishment shall be by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six months, or both. Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions be punished in the discretion of the District or Superior Court as for a general misdemeanor."

Sec. 2.  This act shall become effective on and apply to all violations occurring after the date of ratification.

In the General Assembly read three times and ratified, this the 27th day of April, 1971.