Guam § 6104 - Bad Checks; Remedies.

§ 6104. Bad Checks; Remedies.

Any person who makes, utters, draws or delivers any check, or draft, or

order upon any bank of depository, or upon or to any 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 check , draft or order and who fails to pay to the payee or payee's

transferee the amount thereof together with such charges as may be lawfully

imposed on account thereof, in cash or other medium satisfactory to the

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

therefor delivered personally to the maker, 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,

shall be liable to the payee or transferee for the amount owing upon such

check, draft or order, plus interest or other damages claimed or, at the

election of the payee or transferee, damages of treble the face amount of the

check, but in no case less than $50.00 nor more than $750.00 in respect of

any such instrument. It is a condition of the award of treble damages herein

provided that the said notice shall contain a statement substantially as

follows, in capital, bold or other contrasting type, or in any other manner

which the court reasonably determines as conspicuous:

“YOUR FAILURE TO PAY THE CHECK AMOUNT TO-

GETHER WITH ANY LAWFUL CHARGE WITHIN 30

DAYS FOLLOWING DELIVERY OR MAILING OF THIS

NOTICE MAY RESULT IN A COURT JUDGMENT

AGAINST YOU FOR THREE TIMES THE AMOUNT OF

THE CHECK. (20 GCA § 6104)”

A cause of action under this Section may be brought in Small Claims

Court if it does not exceed the jurisdiction of that court, or in any other

appropriate court. The right to treble damages provided herein shall not

accrue, and no action shall be brought therefore, until after the aforesaid 30-

day notice period.