H. B. 2609
(By Delegates Proudfoot, Manuel, J. Martin,
Staton and Compton)
[Introduced February 21, 1995; 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 magistrate
court permitted to collect fees and costs for victims of bad
checks.
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 such dishonored check may impose a service
charge not to exceed fifteen dollars. No A service charge as
permitted by law shall 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 such 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 such check plus a fifteen dollar service charge 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 shall not authorize the
making of any other written or oral threats of prosecution to
enforce or enhance the collection or honoring of said dishonored
check, draft or order.
The holder or payee of any such check, draft or note 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 such court and any holder or payee
unlawfully accepting payment after such time shall be liable for
all costs which may be imposed by magistrate court in the matter,
including all costs which may have accrued by the time the
magistrate court is notified of such payment.
NOTE: The purpose of this bill is to oblige magistrates to
collect fees in addition to service fees in bad check actions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.