H. B. 2081
(By Delegates Moore, Reynolds and Azinger)
[Introduced February 13, 2013; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §61-3-39e of the Code of West Virginia,
1931, as amended, relating to permitting payees or holders of
electronic transfers that have been dishonored because of
insufficient funds or credit may send notice to the drawer of
the transfer and impose a fee up to $25.
Be it enacted by the Legislature of West Virginia:
That §61-3-39e of the Code of West Virginia, 1931, 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, or electronic
payment which has been dishonored because of insufficient funds or
credit may send notice thereof to the drawer of the check, draft or
order or electronic payment. The payee or holder of any dishonored check or electronic payment may impose a fee of up to $25 a
worthless check or for each returned electronic payment. 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/electronic transfer,
number .................., issued by you on (date of
check/electronic transfer), 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/electronic
transfer plus a fee of $..................... (not to exceed $25 a
worthless check/electronic transfer) 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 ......................., 20.....
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 or any form of electronic payment.
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 permit the payee or
holder of an electronic payment that has been dishonored because of
insufficient funds or credit may send notice to the drawer and
impose a fee up to $25. The bill makes electronic payments subject
to the same fees as are currently permitted for returned checks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would