Checkrite Recovery Services v. King

Summary

The Utah Supreme Court interprets Utah Code section 7-15-1(7)(b) regarding recovery in civil actions involving dishonored checks. It holds that the phrase “all costs of collection, including all court costs and reasonable attorneys’ fees” permits recovery of collection costs in addition to court costs, and reverses and remands for amendment of the judgment.

Holdings

1. The phrase "all costs of collection, including all court costs and reasonable attorneys' fees" includes collection costs in addition to court costs and reasonable attorney fees.

Questions Presented

1. Whether Utah Code Ann. section 7-15-1(7)(b)(ii), which permits recovery of "all costs of collection, including all court costs and reasonable attorneys' fees" in a civil action on a dishonored check, authorizes recovery of collection costs in addition to court costs.

Disposition

reversed_and_remanded