These matters are lost more often on timelines than on merits. The dates are not negotiable.
Cheque dishonour is one of the most common matters before Magistrates' courts. The procedure is straightforward, but it is unforgiving about time.
The sequence
- The cheque is presented and returned unpaid with a bank memo
- A statutory demand notice is issued within the period prescribed by law
- The drawer is allowed the statutory period to make payment
- If payment is not made, a complaint may be filed within the prescribed limitation
Documents that decide the matter
The cheque, the return memo, the notice with proof of dispatch and delivery, and evidence of the underlying liability. Losing any one of these creates difficulty that argument cannot repair.
If you receive such a notice
Do not ignore it. A considered reply within the period allowed, and advice on whether payment or defence is the better course, is far more useful than silence.
This article is general information about legal procedure and is not legal advice. Facts and applicable law differ from case to case, and no outcome is promised.