[HISTORY: Adopted by the Village Board of the Village of Soldiers Grove 5-4-1989. Amendments noted where applicable.]
Whoever issues any check or other order for the payment of money which, at the time of issuance, he or she intends shall not be paid, and fails to pay the same within 10 days after receipt of written demand therefor sent certified mail by the holder thereof, shall be required to forfeit not less than $100 nor more than $300 together with the costs of prosecution, and in default of payment of the same shall be incarcerated in the county jail until such forfeiture and costs are paid but not exceeding 30 days.
In addition to the other penalties provided for violation of this chapter, a judge may order a violator 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 pecuniary loss (as defined in § 943.245, Wis. Stats.) caused by the offense. Upon the application of any 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. The victim may not be compensated under this chapter and § 943.24, Wis. Stats. The victim may file a restitution order with the clerk of circuit court. Upon payment of the fee under § 814.61(5)(a), Wis. Stats., the clerk shall enter the order on the judgment docket under § 806.10, Wis. Stats., in the same manner as for a judgment in a civil action.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
C. 
Proof that, when presentment was made within 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. This chapter does not apply to a postdated check or to a check given for a past consideration, except a payroll check.