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H. B. No. 1226 *HR43/R2203* ~ OFFICIAL ~ G1/2
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To: Banking and Financial
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Steverson
HOUSE BILL NO. 1226
AN ACT TO AMEND SECTION 97-19-57, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE AMOUNT OF THE SERVICE CHARGE FOR A CHECK, DRAFT, 2
ORDER, OR ELECTRONICALLY CONVERTED CHECK THAT HAS BEEN DISHONORED; 3
AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 97-19-57, Mississippi Code of 1972, is 6
amended as follows: 7
97-19-57. (1) As against the maker, drawer or payor 8
thereof, the making, drawing, issuing, uttering, delivering, or 9
initiation of a check, draft, order, electronically converted 10
check, or electronic commercial debit payment of which is refused 11
by the drawee, shall be prima facie evidence and create a 12
presumption of intent to defraud and of knowledge of insufficient 13
funds in, or on deposit with, such bank, corporation, firm or 14
person, provided such maker, drawer or payor shall not have paid 15
the holder or payee thereof the amount due thereon, together with 16
a service charge of Forty Dollars ($40.00), within fifteen (15) 17
days after receiving notice that such check, draft, order, 18
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electronically converted check, or electronic commercial debit has 19
not been paid by the drawee or payor's bank. 20
(2) For purposes of Section 11-7-12, the form of the notice 21
provided for in subsection (1) of this section for a check, draft, 22
order, or electronically converted check shall be sent by regular 23
mail and shall be substantially as follows: "This statutory 24
notice is provided pursuant to Section 97-19-57, Mississippi Code 25
of 1972. You are hereby notified that a check, draft, order, or 26
electronically converted check numbered _____, apparently issued 27
by you on _____ (date), drawn upon _____ (name of bank), and 28
payable to _____, has been dishonored. Pursuant to Mississippi 29
law, you have fifteen (15) days from receipt of this notice to 30
tender payment of the full amount of such check, draft or order, 31
or electronically converted check plus a service charge of Forty 32
Dollars ($40.00), the total amount due being $_____. Failure to 33
pay this amount in full within the time specified above shall be 34
prima facie evidence of and create a presumption of both the 35
intent to defraud and the knowledge of insufficient funds in, or 36
on deposit with, such bank in violation of Section 97-19-55." 37
(3) For purposes of Section 97-19-67, the form of the notice 38
provided for in subsection (1) of this section for a check, draft, 39
order, or electronically converted check shall be sent by regular 40
mail, supported by an affidavit of service by mailing, and shall 41
be substantially as follows: "This statutory notice is provided 42
pursuant to Section 97-19-57, Mississippi Code of 1972. You are 43
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hereby notified that a check, draft, order, or electronically 44
converted check numbered _____, apparently issued by you on _____ 45
(date), drawn upon _____ (name of bank), and payable to _____, has 46
been dishonored. Pursuant to Mississippi law, you have fifteen 47
(15) days from receipt of this notice to tender payment of the 48
full amount of such check, draft or order, or electronically 49
converted check plus a service charge of * * * One Hundred Dollars 50
($100.00), the total amount due being $_____. Unless this amount 51
is paid in full within the time specified above, the holder may 52
assume that you delivered the instrument with intent to defraud 53
and may turn over the dishonored instrument and all other 54
available information relating to this incident to the proper 55
authorities for criminal prosecution." 56
(4) For purposes of Sections 11-7-12 and 97-19-67, the form 57
of notice provided for in subsection (1) of this section for an 58
electronic commercial debit shall be sent by regular mail, 59
supported by an affidavit of service by mailing, and shall be 60
substantially as follows: "This statutory notice is provided 61
pursuant to Section 97-19-57, Mississippi Code of 1972. You are 62
hereby notified that on ______(date) an electronic commercial 63
debit was initiated by_____(name of payee bank) on behalf of 64
_______ (payee) to ___________ (name of payor bank) through the 65
ACH Network requesting a payment in the amount of $_______ to 66
___________ (payee) from your account pursuant to invoice number 67
________ and our agreement dated ________, but that payment has 68
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been dishonored. Pursuant to Mississippi law, because the payee 69
delivered ___________ (goods or service) to you in reliance upon 70
the agreement, you have fifteen (15) days from receipt of this 71
notice to tender payment of the full amount of such electronic 72
commercial debit plus a service charge of Forty Dollars ($40.00), 73
the total amount due being $_______. Failure to pay this amount 74
in full within the time specified above shall be prima facie 75
evidence of and create a presumption of both the intent to defraud 76
and the knowledge of insufficient funds in, or on deposit with, 77
such bank in violation of Section 97-19-55, and the payee may 78
assume that you entered into such agreement with intent to defraud 79
and may turn over all documentation related to the dishonored 80
electronic commercial debit to the proper authorities for criminal 81
prosecution." 82
(5) If any notice is returned undelivered to the sender 83
after such notice was mailed to the address printed on the check, 84
draft or order, or to the address given by the accused at the time 85
of issuance of the instrument, such return shall be prima facie 86
evidence of the maker's or drawer's intent to defraud. 87
(6) Affidavit of service by mail shall be adequate if made 88
in substantially the following form: 89
"STATE OF ____________ 90
COUNTY OF ____________ 91
________________, being first duly sworn on oath, deposes and 92
states that he/she is at least eighteen (18) years of age and that 93
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ST: False pretenses; increase service charge
for dishonored check, draft, order or
electronically converted check.
on (date)______________, 2___, he/she served the attached Notice 94
of Dishonor by placing a true and correct copy thereof securely 95
enclosed in an envelope addressed as follows: 96
______________________________ 97
______________________________ 98
______________________________ 99
and deposited the same, postage prepaid, in the United States mail 100
at ________________________, __________________________. 101
__________________________________ 102
(signature) 103
Subscribed to and sworn before me, this the ________ day of 104
_____________________, 2___. 105
_________________________________ 106
(Notary Public) 107
My commission expires: 108
(SEAL)" 109
(7) Without in any way limiting the provisions of this 110
section, this section shall apply to a draft for the payment of 111
money given for a motor vehicle even if such payment is 112
conditioned upon delivery of documents necessary for transfer of a 113
valid title to the purchaser. 114
SECTION 2. This act shall take effect and be in force from 115
and after July 1, 2026. 116