H. B. 4050
(By Delegates Hines, Ferrell, Hunt,
Hutchins, Smith, J., Capito
and White,
L.)
[Introduced January 14, 2000; referred
to the Committee on the Judiciary then
Finance.]
A BILL to amend section thirty-nine-e, article three, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to notice of dishonor
of a check and the service fee to be assessed; and increasing
the service fee which may be imposed.
Be it enacted by the Legislature of West Virginia:
That section thirty-nine-e, article three, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39e. Notice of dishonor by payee; service charge.
The payee or holder of a check, draft or order which has been
dishonored because of insufficient funds or credit may send notice thereof to the drawer of the check, draft or order. The payee or
holder of any dishonored check may impose a fee of up to fifteen
eighteen dollars. This fee may not be imposed or collected after
a complaint for warrant has been delivered to magistrate court. No
payee or holder of a check, draft or order which has been
dishonored because of insufficient funds or credit shall may incur
any civil or criminal liability for the sending of a notice
substantially in the form provided herein, other provisions of law
notwithstanding. The form of the notice shall be is sufficient if
it is in a form substantially as follows:
"You are hereby notified that a check, number
................, issued by you on (date of check), drawn upon
(name of bank), and payable to ..........................., has
been dishonored. Pursuant to West Virginia law, you have ten days
from the date of this notice to tender payment of the full amount
of the check plus a fee of $..................... (not to exceed
fifteen eighteen dollars) to the undersigned at
........................... You are further notified that in the
event the above amount is timely paid in full you will not be
subject to legal proceedings, civil or criminal.
Dated ....................., 19.....
....................................
(Signed)."
The provisions of this section do not authorize the making of
any other written or oral threats of prosecution to enforce or
enhance the collection or honoring of the dishonored check, draft
or order.
The holder or payee of any check, draft or order shall
relinquish the check, draft or order to the maker upon tender of
the full amount due at any time before a complaint for warrant has
been presented to magistrate court. In the event complaint for
warrant has been presented to magistrate court, payment may be made
only through the court and any holder or payee unlawfully accepting
payment after that time shall be is liable for all costs which may
be imposed by the magistrate court in the matter, including all
costs which may have accrued by the time the magistrate court is
notified of the payment.
NOTE: The purpose of this bill is to increase the fees which
may be imposed by the holder of a worthless check.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage at the 2000 legislative
session.