H. B. 2761
(By Delegates Pethtel, Brum, Brown, L. White, Manuel,
Pino and Tribett)
(Originating in the House Committee on the Judiciary)
[March 27, 1993]
A BILL 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 eight, relating to the solicitation 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 eight, to read as follows:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-108. 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
(3) Present the check or cause the check to be presented
for payment before the date on the check either intentionally,
or in the case of a payee that is an organization, 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, actual
damages or two hundred dollars, whichever is greater.