Mississippi § 97-19-62 - Bad checks, electronically converted checks, electronic commercial debits; evidence of identity of party issuing, uttering or delivering check or party authorized to draw upon named account.

§ 97-19-62. Bad checks, electronically converted checks, electronic commercial debits; evidence of identity of party issuing, uttering or delivering check or party authorized to draw upon named account.

In any prosecution or action under the provisions of Section 97-19-55, a check, draft, order, or electronically converted check for which the information required in subsections (2) and (3) of this section is available at the time of issuance, utterance or delivery shall constitute prima facie evidence of the identity of the party issuing, uttering or delivering the check, draft, order, or electronically converted check and that such person was a party authorized to draw upon the named account. To establish prima facie evidence of the identity of the party presenting such check, draft, order, or electronically converted check, the following information regarding such identity shall be requested by the party receiving such instrument: The presenter’s name, residence address and home phone number. Such information may be provided in the following manner: The information may be recorded upon the check, draft or order, or electronically converted check itself; or The number of a check-cashing identification card issued by the receiving party may be recorded on the check, draft, order, or electronically converted check. Such check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party. In addition to the information required in subsection (2) of this section, the party receiving the check, draft, order, or electronically converted check shall witness the signature or endorsement of the party presenting such instrument and, as evidence of such, the receiving party shall initial the instrument. In any prosecution or action under the provisions of Section 97-19-55 for an electronic commercial debit, the following shall constitute prima facie evidence that the payee was a party authorized to draw upon the named account for the electronic commercial debit: (i) the existence of an enforceable written agreement between the payor and the payee whereby the payee agrees to provide a good or service to the payor conditioned and in reliance upon the payor’s provision of its account and bank information and agreement to pay for the good or service through an electronic commercial debit, and (ii) an invoice, bill of lading, or other business record evidencing the delivery of the good or service by the payee to the payor.