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Can you summarize WVCO 46A-6-110?
GENERAL CONSUMER PROTECTION. > Solicitation or cashing of postdated checks; penalties.
Short Summary
This provision, part of the West Virginia Consumer Credit and Protection Act, prohibits the solicitation or acceptance of postdated checks with the intent of presenting them for payment before the date listed on the check. It also prohibits misrepresenting that postdating a check will prevent its early payment. If a postdated check is presented for payment before the date, the payee must immediately return the funds to the maker of the check upon request and pay any fees and costs incurred by the maker. Violators of these provisions may be subject to a civil penalty ranging from $100 to $1,000, in addition to being liable for the amount of the check and any fees or costs incurred.
Whom does it apply to?
Any person who solicits or accepts postdated checks
What does it govern?
Solicitation or cashing of postdated checks
What are exemptions?
No exemptions are mentioned
What are the Penalties?
Civil penalty of not less than $100 nor more than $1,000
Jurisdiction
West Virginia