(1) If a check, draft or order is made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the payee, endorser or his assignee shall be entitled to collect, in addition to the face amount of the check, draft or order, a service charge of Forty Dollars ($40.00).
(2) In any civil action founded on a check, draft or order made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the plaintiff, if he be a payee, endorser, holder or assignee, shall be entitled to recover, in addition to the face amount of the check, draft or order, damages in the following amount:
(a) If the amount of the check, draft or order is up to and including Twenty-five Dollars ($25.00), then the additional damages shall be:
(i) A service charge of Thirty Dollars ($30.00); and
(ii) In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge.
(b) If the amount of the check, draft or order is above Twenty-five Dollars, then the additional damages shall be:
(i) A service charge of Forty Dollars ($40.00); and
(ii) In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge.
(c) The payee, endorser, holder or assignee of a check, draft or order may claim in a single civil action all checks, drafts or orders made, drawn, issued, uttered or delivered in violation of Section 97-19-55 by a single drawer without regard to venue or the identity or number of payees on those instruments.
(d) The provisions of this section shall also apply to electronic transfers of funds.
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