Attorney General Opinion No. 1994-141

Résumé du livre

Prima facie evidence, i.e. a presumption, of intent to defraud and knowledge of insufficient funds arises against the maker of a check which has been refused by the drawee for insufficient funds. This presumption may be rebutted if the maker pays the holder the amount of the check and a service charge not exceeding $10 within seven days after notice has been given to the maker that such check has not been paid by the drawee. This statutory presumption applies regardless of the amount demanded by the holder of the worthless check as long as the drawer of the check does not pay the amount due and service charge within seven days of receiving notice of insufficient funds. Cited herein: K.S.A. 1993 Supp. 21-3707, as amended by L. 1994, ch. 291, sec. 28; 60-2610, as amended by L. 1994, ch. 273, sec. 14.