943.24 Issue of worthless check.

400 words·~2 min read·/wi/chapter-943/943-24-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whoever issues any check or other order for the payment of not more than $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

(2)Whoever issues any single check or other order for the payment of more than $2,500 or whoever within a 90-day period issues more than one check or other order amounting in the aggregate to more than $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class I felony.

(3)Any of the following is prima facie evidence that the person at the time he or she 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 drawee; or

(b)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 5 days after receiving written 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

(c)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 5 days after receiving written 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.

(4)This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.

(a)In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under s. 973.20 .

(b)In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under s. 800.093 .

(c)If the court orders restitution under pars.

(a)and

(b), any amount of restitution paid to the victim under one of those paragraphs reduces the amount the violator must pay in restitution to that victim under the other paragraph.