The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who unlawfully made, uttered, or delivered the same to him or to his endorser; and such action may be maintained though there has been no prosecution, conviction, or acquittal of the defendant for his unlawful act. Such action must be commenced within one year from the date of the unlawful act. The plaintiff in such action may recover such damages, both punitive and compensatory, including a reasonable attorney fee, as the jury or court trying the case may assess.
(Acts 1959, No. 567, p. 1426.)
Notes of Decisions
Prince Hotel, S.A. v. Blake Marine Grp., 858 F. Supp. 2d 1287 (S.D. Ala. 2012).
· cites it 4× “Based on these allegations, Prince brings claims against defendants for misrepresentation and fraud based on violation of Alabama § 34-15-19 (obtaining food, lodging or other accommodations by fraud or misrepresentation), and for violation of Alabama Code § 6-5-285 (right of…”
AmSouth Bank v. Tice, 923 So. 2d 1060 (Ala. 2005).
“75 on its claims against Tice alleging breach of contract and seeking relief under § 6-5-285, Ala. Code 1975. This judgment represented $96,750 Tice owed for automobiles he had acquired at the auction held by Manheim's as to which AmSouth had returned his checks as unpaid,…”
Langford v. Merrill Lynch Futures, Inc., 470 So. 2d 1180 (Ala. 1985).
· cites it 4× “Defendant Cotton States also moved for a judgment notwithstanding the verdict, alleging that Merrill Lynch failed to prove an intent to defraud as required under the worthless check statute, Alabama Code 1975, § 6-5-285. The trial court denied Cotton States’ motion for JNOV and…”
Dudley McGuire II v. William White., 78 So. 3d 992 (Ala. Civ. App. 2011).
“He asserted a claim against McGuire pursuant to § 6-5-285, Ala.Code 1975, which provides the holder of a worthless check a cause of action against the maker of the check.”
Evans v. Roy Martin Constr., Inc., 429 So. 2d 1098 (Ala. Civ. App. 1983).
“We do not concur with that argument for an attorney’s fee could have been awarded under section 6-5-285 of the Code of Alabama (1975) and interest was allowable by code section 8-8-8.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.