Skip to content

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.

  • W. Va. Code § 61-3-39
Email
Amount of the checkThe penalty
Amount of the checkLess than $500The penaltyA misdemeanor, a fine of not more than $200, jail of not more than six months, or both
Amount of the check$500 or moreThe penaltyA felony
  • W. Va. Code § 61-3-39

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)
  1. W. Va. Code § 61-3-39 — Obtaining property in return for worthless check; penalty
  2. 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.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.