Statutes | Muscogee (Creek) Nation Code Title 14, Chapter 2, Subchapter 4 ยง2-418 | 2018
A. For the purposes of Section 2&ndash417, the following circumstances are prima facie evidence of intent to permanently deprive another person of property or services when payment is made by check or similar order other than post-dated check or similar order:
1. When the person issuing the check had no account with the bank or other drawee at the time the check or similar order was issued or
2. When payment is refused by the bank or other drawee for lack of funds, insufficient funds or a closed account, on presentation within thirty (30) days after issue, and the person issuing the check fails to pay the holder the full amount of the check within ten (10) days after receiving notice by either the bank, drawee or payee of that refusal.
B. Nothing in this section prevents the establishment of the requisite by direct evidence.
[NCA 10&ndash053, approved May 27, 2010.]
Historical and Statutory Notes
Derivation: Title 14, § 2&ndash407, added by NCA 92&ndash14, § 4&ndash707, amended by NCA 99&ndash04, § 107 NCA 07&ndash179, § 10.