§ 16-295. Issuance of worthless checks.

(a)

Whoever issues any check or other order for the payment of money less than $2,500.00 which, at the time of issuance, he intends shall not be paid is guilty of a violation of this section.

(b)

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

(1)

Proof that, at the time of issuance, the person did not have an account with the drawee;

(2)

Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order delivered by regular mail to either the person's last-known address or the address provided on the check or other order; or

(3)

Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order delivered by regular mail to either the person's last-known address or the address provided on the check or other order.

(c)

This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.

(d)

Any person violating any provisions of this section shall forfeit not less than $50.00 if the worthless check is for an amount equal to or less than $150.00 and shall forfeit not less than $100.00 if the worthless check is an amount greater than $150.00 and less than $500.00, together with the costs of prosecution and, in default of payment, imprisonment in the county jail until forfeiture and costs are paid but not to exceed 60 days.

(e)

In actions concerning violations of this section, a judge may order a violator to make restitution under Wis. Stats. § 800.093.

(Code 1989, § 11-3-5)

State law reference

Worthless checks, Wis. Stats. §§ 943.24, 943.245.