GNC.4.3.070 Worthless Checks; Civil Liability

(a) In this section, "pecuniary loss" means:

(1) All special damages, but not general damages, including but not limited to the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and

(2) 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 under Section GNC.4.3.060.

(b) Any person who incurs pecuniary loss, including any holder in due course of a check or order, may bring a civil action against any adult or emancipated minor who:

(1) Issued a check or order in violation of Section GNC.4.3.060, and

(2) Knew, should have known or recklessly disregarded the fact that the check or order was drawn on an account that did not exist, was drawn on an account with insufficient funds or was otherwise worthless.

(c) If the person who incurs the loss prevails, the judgment in the action shall grant monetary relief for all of the following:

(1) The face value of whatever checks or orders were involved.

(2) Any actual damages not covered under par. (a).

(3) Punitive damages of not more than 3 times the amount under pars. (1) and (2), provided that no person may receive double compensation under both this section and Section GNC.4.3.060. No additional proof is required for an award of punitive damages under this paragraph.

(4) All actual costs of the action, including reasonable attorney fees.

(d) Notwithstanding sub. (c) (3) and (4), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $1,000.

(e) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under Section GNC.4.3.060.

(f) At least 20 days prior to commencing an action under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

(g) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.060. A judgment under Section GNC.4.3.060 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.