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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 16. Civil Remedy for Worthless Check » §55-16-1. Civil Remedy for Making, Drawing, Issuing, Uttering or Delivery of Worthless Check, Draft or Order

(a) As used in this section, "check" means a draft or other written order payable on demand and drawn on a bank or depository.

(b) If the maker or drawer of a check: (1) Draws, makes, utters, or issues and delivers to another a check drawn on a bank or depository that refuses to honor it because the maker or drawer does not have sufficient funds with which to pay the check on deposit in or credit with the bank or depository upon presentation; and (2) knowingly fails to pay the amount of the check in cash to the payee, within thirty days following written demand, the payee has a cause of action against the drawer or maker.

(c) In an action under this section, the payee may be awarded:

(1) The face amount of the check, less any money received by the payee in partial payment of the debt of the check;