General Municipal Law 85 — Legislation
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SECTION 85
Service charge on returned checks
General Municipal (GMU) CHAPTER 24, ARTICLE 5
§ 85. Service charge on returned checks. 1. The governing body of a
municipal corporation may by resolution provide for the imposition of a
charge to be added to any account owing to the municipal corporation
where a tendered payment of such account was dishonored by a bank or
depository institution.
2. Whenever the account owing to the municipal corporation is for a
tax, special ad valorem levy or special assessment, the charge
authorized by the preceding subdivision shall be included on whatever
list of delinquent accounts is prepared for the enforcement of the lien.
3. Said charge shall be determined and set by resolution of the
governing body, from time to time, as appropriate, but shall not exceed
the maximum charge for dishonored checks authorized under section 5-328
of the general obligations law.
4. Any such service charge shall be collected in the same manner
prescribed by law for the collection of the account for which the check
was tendered. In addition, such municipal corporation may require future
payments to be tendered in cash or by certified or cashier's check.
5. For purposes of this section, the term "municipal corporation"
shall mean a municipal corporation as defined in section two of this
chapter and a school district.