Bad Checks
W. Va. Code § 61-3-39 — a misdemeanor under $500, ten days after notice to pay, and a fee of up to $25
It is unlawful to get money, goods or services with a check while knowing there is not enough in the account to pay it.
| Amount of the check | The penalty |
|---|---|
| Amount of the checkLess than $500 | The penaltyA misdemeanor, a fine of not more than $200, jail of not more than six months, or both |
| Amount of the check$500 or more | The penaltyA felony |
Ten days to pay. The person holding a dishonored check may send a notice giving ten days from its date to pay the full amount plus a fee of not more than $25, and if it is paid in time there are no legal proceedings.
The fee may not be charged once a complaint for a warrant has gone to magistrate court. A particular check is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 61-3-39 — Obtaining property in return for worthless check; penalty
- W. Va. Code § 61-3-39e — Notice of dishonor by payee; service charge
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.