(a) For purposes of this section and § 5-37-304, notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence.
(b)
(1) The form of the notice under subsection (a) of this section shall be substantially as follows:
(2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state:
(c) Any party holding a dishonored check or instrument and giving notice in substantially similar form to that provided in subsection (b) of this section and in the manner provided in subsection (a) of this section is immune from civil liability and criminal liability if sent in good faith for the giving of the notice and for proceeding under the forms of the notice.
“You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ . Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution.
CHECK NO. CHECK DATE CHECK AMOUNT NAME OF BANK ”.
Click to view form.
“Affidavit of Mailing I am over the age of eighteen (18) years and on (date), I mailed notice of insufficient funds under Arkansas Code § 5-37-303 to the addressee set forth below in an official depository under the exclusive care and custody of the United States Postal Service in (city, county, state), addressed as follows: (name and address of addressee). (Signature) (Date) (Notary)
Click to view form.