(A) Any department of the town may charge a fee, together with protest fees and any service fee or charge, which may not exceed the greater of $27.50 or 5% (but not more than $250) of the amount due, that may be charged by the payee or holder, within ten days after the date of mailing by the payee or holder of notice to the person that the check, draft, or order has not been paid by the credit institution. Notice sent in the manner set forth in IC 26-2-7-3 constitutes notice to the person that the check, draft, or order has not been paid by the credit institution. The payee or holder of a check, draft, or order that has been dishonored incurs no civil or criminal liability for sending notice under this subsection.
(B) Further, the town may also pursue a civil action against the person who caused the loss as a result of a violation of IC 35-42-3-3, 35-42-3-4, 35-43 or 35-45-9, for the following:
(1) An amount not to exceed three times the actual damages of the person suffering the loss.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(4) Actual travel expenses that are not otherwise reimbursed under divisions (1) through (3) and are incurred by the person suffering loss to:
(a) Have the person suffering loss or an employee or agent of that person file papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(b) Provide witnesses to testify in court proceedings related to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person suffering loss for time used to:
(a) File papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(b) Travel to and from activities described in division (5)(a) above.
(6) Actual direct and indirect expenses incurred by the person suffering loss to compensate employees and agents for time used to:
(a) File papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(b) Travel to and from activities described in division (6)(a) above.
(7) All other reasonable costs of collection.
(C) All of this is pursuant to IC 34-24-3-1.
(Ord. 2002-G-03, passed 2-12-02; Am. Ord. 2009-G-10, passed 8-17-09)