ENROLLED
H. B. 2761
(By Delegates Pethtel, Brum, Brown, L. White, Manuel,
Pino and Tribett)
[Passed April 9, 1993; in effect ninety days from passage.]
AN ACT to amend article six, chapter forty-six-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one hundred ten, relating to the solicitation of or early
presentment of postdated checks and providing civil
penalties for violation of this section.
Be it enacted by the Legislature of West Virginia:
That article six, chapter forty-six-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section one
hundred ten, to read as follows:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
ยง46A-6-110. Solicitation or cashing of postdated checks;
penalties.
(a) No person may:
(1) Solicit or accept a postdated check with the intent of
presenting it for payment prior to the date listed on the check;
or
(2) Represent in any manner that postdating a check will
prevent its payment from the account of the maker of the check
prior to the date listed on the check; and either (A) present thecheck or cause the check to be presented for payment before the
date on the check either intentionally, or (B) in the case of a
payee that is an organization, present the check or cause the
check to be presented without reasonable procedures to prevent
such presentment.
(b) When a check is presented for payment from the account
of the maker before the date of the check, no payee who knowingly
accepted a postdated check may refuse, upon request of the maker
of the postdated check, to immediately return the funds to the
maker of the postdated check, to pay the fees and other costs
incurred by the maker as a result of the early presentment of the
check.
(c) If a person has violated the provisions of subsection
(a) or (b) of this section, the maker has a cause of action to
recover from that person the amount of the check, any fees or
costs incurred and, in addition, a civil penalty, in an amount
determined by the court, of not less than one hundred nor more
than one thousand dollars.