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WHAT DEFENSES MAY BE RAISED TO A CLAIM FOR STATUTORY DAMAGES?

April 26, 2017claim Damages defenses RAISED statutory

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WHAT DEFENSES MAY BE RAISED TO A CLAIM FOR STATUTORY DAMAGES?

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The maker of the check may raise several possible defenses to an action for statutory damages. These include: (1) full satisfaction of the check plus service charge was made prior to the commencement of the action; (2) the bank erred in dishonoring the check; and (3) the acceptor of the check knew at the time of acceptance that there were insufficient funds on deposit for the check to be honored.