Schnucks Markets v. Lyles

CHEZEM, Judge.

Plaintiff/ Appellant, Schnucks Markets (Schnucks), appeals from the denial of Schnucks' claim for treble damages pursuant to Ind.Code 34-4-80-1.1 We reverse.

*982On May 11, 1990, Defendant/Appellee, Wanda P. Lyles (Lyles), issued a check to Schnucks in the amount of $50.00. Schnucks presented the check to Evansville Federal for payment but it was returned because of insufficient funds.

Thereafter, Schnucks notified Lyles that her check was not honored. Lyles failed to pay both the amount of the check and the returned check fee.

Schnucks then filed suit in the Small Claims Division of…