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Introduced Version House Bill 3013 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 3013


(By Delegate R. M. Thompson)

[Introduced March 27, 2001 ; 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 increasing the fee a payee of a dishonored check may charge; and authorizing a magistrate to charge a service fee.

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. This fee may not be imposed or collected after a complaint for warrant has been delivered to magistrate court. The magistrate court may charge a service fee of fifteen dollars. 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) 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.....
....................................
(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 raise the dishonored check fee to $25 and to permit magistrate courts to charge a service fee of $15.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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