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.
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.