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Can you summarize WVCO 61-3-39a?
CRIMES AGAINST PROPERTY. > Making, issuing, etc., worthless checks on a preexisting debt; penalty.
Short Summary
This section of the West Virginia Code governs the making, drawing, issuing, uttering, or delivering of worthless checks on a preexisting debt. It applies to any person, firm, or corporation. The section imposes penalties on individuals who make such checks knowing or having reason to know that there are insufficient funds to pay the check upon presentation. The penalties also apply to officers or agents of corporations who make such checks on behalf of the corporation. However, there are exemptions to this section, including cases where the payee or holder is aware of the insufficiency of funds, postdated checks, adjustments to the drawer’s account without notice, or dishonored checks deposited in the account without knowledge or reason to believe they would be dishonored. Violators of this section are guilty of a misdemeanor and can face fines of up to $200 for the first and second conviction, and up to $200 in fines or confinement in the county or regional jail for up to ten days, or both, for a third or subsequent conviction.
Whom does it apply to?
Any person, firm or corporation
What does it govern?
Making, issuing, etc., worthless checks on a preexisting debt
What are exemptions?
The section does not apply when the payee or holder knows or has been expressly notified prior to the acceptance of the check, draft or order, or when the check, draft or order is postdated. It also does not apply when the insufficiency of funds or credit is caused by any adjustment to the drawer's account by the bank or other depository without notice to the drawer, or by the dishonoring of any check, draft or order deposited in the account unless there is knowledge or reason to believe that the check, draft or order would be dishonored.
What are the Penalties?
Guilty individuals are subject to a misdemeanor conviction, with a fine of up to $200 for the first and second conviction. For a third or subsequent conviction, the fine can be up to $200, or confinement in the county or regional jail for up to ten days, or both.
Jurisdiction
West Virginia