Chapter 9.45
ISSUANCE OF WORTHLESS CHECKS

Sections:

9.45.010    Issuance of worthless checks.

9.45.010 Issuance of worthless checks.

1.    The provisions of Wis. Stat. §§ 939.22 and 943.24 and the definitions therein are adopted by reference.

2.    No person shall issue any check or other order for the payment of $500.00 or less nor any person within a 15-day period shall issue more than one check or other order for payment amounting in the aggregate to $500.00 or less which, at the time of issuance, he intends shall not be paid.

3.    Any of the following is prima facie evidence that the person at the time he issued the check or other order for the payment of money, intended it should not be paid:

a.    Proof that, at the time of issuance, the person did not have an account with the withdrawee; or

b.    Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawer and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order for payment; or

c.    Proof that, when presentation was made at a reasonable time, the person did not have sufficient funds or credit with the drawer and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order for payment.

4.    This section does not apply to the post dated check.

5.    In addition to any other penalties provided for herein, a municipal judge may order a violator of this section to pay restitution to a victim. In determining the method of payment, the court shall consider the financial resources and future ability of the violator to pay. The court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of the victim’s pecuniary loss resulting from the offense. A victim may not be compensated under this section and under Wis. Stat. § 943.245.

6.    In this section, “pecuniary loss” means:

a.    All special damages, but not general damages, substantiated by evidence in the record, which a person could recover against the violator in a civil action arising out of the facts or events constituting the violator’s criminal activities, including without limitation because of enumeration, the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and

b.    Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense. (Ord. 2010-22 § 3. 2008 code § 9.33)