Guam § 6105 - Bad Checks; Damages.

§ 6105. Bad Checks; Damages.

In any action brought by the payee, or the payee's transferee, after the

notice period hereinbelow provided, to collect any sum owing by any

person who makes, utters, draws or delivers any check, or draft, or order to

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or upon any bank or depository, or person, or firm, or corporation, for the

payment of money, payment of which instrument is refused or dishonored

for lack of funds or credit to pay, or because the maker has no account with

the drawee under the account number specified in the instrument, after

failure to pay the amount thereof together with such charges as may be

lawfully imposed thereupon, in cash or other medium satisfactory to the

payee or transferee, within thirty (30) days following a written demand

therefor delivered to the maker personally or mailed to the maker by

certified mail to the address shown on the check, draft or order or such other

address of the maker as may be actually known by the payee or transferee,

and regardless whether the payee has elected the treble damages provided

by '3443 of the Civil Code, the payee or the payee's transferee shall be

entitled to reasonable attorneys' fees as awarded by the court, but not less

than $25.00 nor more than $250.00 in respect of each such check, draft or

order. Said notice shall contain a statement substantially as follows, in a

conspicuous manner:

“IF YOU HAVE NOT PAID THIS CHECK AND ALLOW-

ABLE CHARGES WITHIN 30 DAYS OF DELIVERY OR

MAILING OF THIS NOTICE, AND SUIT IS BROUGHT

TO COLLECT THE AMOUNTS OWING UNDER THE

CHECK, THE COURT MUST AWARD ATTORNEYS'

FEES AS PROVIDED IN 20 GCA § 6105.”

Attorneys' fees shall be allowed to any plaintiff employing or retaining

an attorney in the action, however the limitation on attorneys' fees shall not

apply to any post judgment representation. The court may, in its discretion,

award the plaintiff additional attorneys' fees in such amount as it deems

appropriate for representation in any post judgment collection matter.