[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 11, Ch. 3, Sec. 11-3-7, of the 2005 Village Code. Amendments noted where applicable.]
Whoever issues any check or other order for the payment of money less than $1,000 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this chapter.
Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:
Proof that, at the time of issuance, the person did not have an account with the drawee;
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
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.
This chapter does not apply to a postdated check or to a check given in past consideration except a payroll check.
In the event a person issues a check to the Village and does not have sufficient funds or credit such that the check is returned unpaid, such person shall pay the check or other order and shall also pay a fee as set from time to time by resolution of the Village Board, representing the cost of additional administrative expense which results from nonpayment of the original obligation.
In addition to any other penalties provided for under § 1-2 of this Code, a Municipal Judge may order a violator of this chapter 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 chapter and under § 943.245, Wis. Stats.
In this section, "pecuniary loss" means:
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
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.