Bad Check:

Any person, firm and corporation may be punished under the laws of West Virginia for passing a worthless check, and/or obtaining money, services goods or other property of thing of value by means of a worthless check.

Under §61-3-39 of the West Virginia Code, any person, firm or corporation which obtained any money, services, goods or other property or thing of value by means of a check, knowing that at the time of making and delivering the check, it does not have sufficient funds on deposit in or credit with the bank with which to pay the same upon presentation, may be subject to the prosecution of a misdemeanor if the check amount is less than $500.00, or a felony if the amount of the check $500 or more.  An agent or officer of a corporation may be personally held liabile for such offense.  Upon conviction of a misdemeanor, the guilty party may be fined not more than $200 or confined in jail for not more than 6 months, or both. Upon conviction of a felony, the guilty party may be fined not more than $500 or imprisoned in the penitentiay not less than one year nor more than ten years, or both.

Any person, firm or corporation who makes or delivers any check knowing or having reason to know that there is not sufficient funds on deposit in or credit with the drawee bank may be guilty of a misdemanor and may be fined not more than $100.00, or imprisoned for not more than 10 days, or both.  An agent or officer of a corporation may be personally held liable for such offense.  (§61-3-39a.)

Pursuant to §61-3-39b of the West Virginia Code, payment of a dishonored check generally does not constitute a defense or ground for dismissal of charges if the violation is for obtaining money, services goods or other property of thing of value by means of a worthless check (§61-3-39).  It is, however, a defense and ground for dismissal if the violation is for making and delivering a worthless check (§61-3-39a).

The payee or holder of a worthless check may impose a service charge not to exceed $15 if a written notice of dishonor is sent by the holder to the maker in the form substantially conformed to the following:  (§61-3-39e)
 

• "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)."

Despite the provision of criminal and civil penalties, the holder of the worthless check may not make any other written or oral threats of prosectuion to enforce or enhance the collection thereof.   The holder of the dishonored check is required to relinquish the check to the maker if the maker tender payment as demanded in full.   If a complaint for warrant has been presented to the magistrate court, all payments may be made by the offender only through the court, and the acceptance thereof by the holder may be liable for costs imposed by the magistrate court including those that were incurred to notify the holder of payment. (§61-3-39e)