H. B. 2794
(By Delegates Stalnaker, Morgan,
Stemple and Shelton)
[Introduced January 30, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact 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 worthless
checks; and increasing the allowable service charge for a
dishonored check.
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 twenty-five dollars a worthless check. 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 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
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 twenty-five dollars a worthless check) 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 20.....
....................................
(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 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 service fee
from fifteen to twenty-five dollars for a worthless check.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.