§ 19-9-26. Prima facie evidence of intent to defraud — Prosecutions.
The following shall be prima facie evidence of intent to defraud within the meaning of §§ 19-9-24 and 19-9-25 as against the maker or drawer: the making, drawing, uttering, or delivering of a check, draft, or order for the payment of money upon any regulated institution or other depository, payment of which is refused by the drawee for the reason that the maker or drawer has not sufficient funds in, or credit with, the regulated institution or other depository for the payment of the check, draft, or order in full upon its presentation, or for the reason that the maker or drawer has stopped payment on a check, draft, or order for the payment of money for the purchase of any goods, materials or service; provided, however, that these shall not be prima facie evidence of intent to defraud if the maker or drawer shall pay the check, draft, or order, or deposit and leave with the drawee for its payment the amount due thereon within seven (7) days after the receipt of written notice from the payee by certified mail, return receipt requested, at the last address of the maker or drawer which is available in the records of the payee.
If the check, draft, or order has not been paid within seven (7) business days after the maker or drawer receives written notice by certified mail, return receipt requested, or if there is a return of the notice undelivered and the payee presents an affidavit containing facts within the payee’s own knowledge that the maker or drawer was not residing at the last address available in the records of the payee, the payee shall forthwith notify the prosecuting officer of the city or town where the check, draft, or order was written of that fact and the prosecuting officer shall prosecute all violations of §§ 19-9-24, 19-9-25, and 19-9-26 within ten (10) business days of the notice.
History of Section.P.L. 1995, ch. 82, § 47.
Structure Rhode Island General Laws
Title 19 - Financial Institutions
Chapter 19-9 - Community Obligations and Banking Offenses
Section 19-9-1. - Definitions.
Section 19-9-2. - Escrow accounts — Interest.
Section 19-9-2.1. - Mortgage billing — Payment allocation.
Section 19-9-3. - Mortgages — Appraisal fees.
Section 19-9-3.1. - Mortgage loan appraisers — Relationship with lending institution.
Section 19-9-4. - Credit needs of local communities.
Section 19-9-5. - Mortgagor to be offered title insurance.
Section 19-9-6. - Lending institutions — Title attorney.
Section 19-9-7. - Attorney’s opinions.
Section 19-9-8. - Lending institutions — Negative amortization loans.
Section 19-9-9. - Mortgages issued — Payoffs.
Section 19-9-10. - Disbursement requirements — Purchase money loans — Dwellings.
Section 19-9-11. - Control of deposits by minors.
Section 19-9-12. - Trust deposits — Death of trustee.
Section 19-9-13. - Checks of trustees.
Section 19-9-14. - Deposits payable to survivor.
Section 19-9-14.1. - Uniform multiple-person accounts.
Section 19-9-15. - Pledge of passbook accounts.
Section 19-9-16. - Replacement of lost or destroyed passbook.
Section 19-9-17. - Charge-free savings accounts for minors.
Section 19-9-18. - Depositor identification.
Section 19-9-19. - Checks on consumer deposit accounts to show date account was opened.
Section 19-9-20. - Withdrawal from time deposit accounts.
Section 19-9-21. - Passbook savings accounts — Service charge prohibited.
Section 19-9-21.1. - Fee disclosure by banks, credit unions and other financial institutions.
Section 19-9-22. - Violations by officers and employees.
Section 19-9-24. - Fraudulent checks — Small amounts.
Section 19-9-25. - Fraudulent checks — Large amounts.
Section 19-9-26. - Prima facie evidence of intent to defraud — Prosecutions.
Section 19-9-27. - Check kiting.
Section 19-9-28. - False statement to obtain loan.
Section 19-9-29. - Bank fraud.
Section 19-9-30. - Injunctions against fraud.
Section 19-9-31. - False rumors as to condition of regulated institution.
Section 19-9-32. - Disclosure of arson conviction.
Section 19-9-33. - Severability.
Section 19-9-34. - Property insurance.
Section 19-9-35. - Consumer privacy in mortgage applications.