Brief ⁽¹⁾

SB 589 amends the civil procedure code regarding the collection of worthless checks to require the plaintiff to include in the petition a statement alleging the amount that the defendant may tender as satisfaction of the claim. If the amount alleged in the petition is tendered to the plaintiff in full satisfaction of the debt prior to the commencement of the dispositional hearing by the court, the case shall be dismissed by the plaintiff. The amount tendered as satisfaction of the claim shall not include triple damages or damages of $100. A dispositional hearing means a trial or other hearing by the court in which the plaintiff is seeking the entry of judgment against the defendant.

The bill also amends the law to provide that the written demand for payment shall be by first class mail rather than restricted mail. Cleanup amendments also are made.

Background

The bill was requested by the Kansas Bar Association to provide some relief from burdensome penalties imposed on persons who write small amounts of worthless checks and end up owing a substantial penalty in addition to the amount of the check.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html