Key facts
| Measure | Value | Year |
|---|---|---|
| civil damages rule[1] | A holder may claim the face amount of the check plus interest at the statutory rate from the date of the check, any protest or bad check return fee charged by the holder's bank, a 50 dollar processing charge, and reasonable attorney's fees if awarded by the court. | 2026 |
| felony threshold amount[2] | 1,000 | 2026 |
| misdemeanor penalty[2] | A bad check with a represented value under 1,000 dollars is a Class 1 misdemeanor; at 1,000 dollars or more it is a Class 6 felony, both graded as larceny. | 2026 |
| notice period days[3] | 5 | 2026 |
| prosecution notice requirement[3] | A dishonored check is prima facie evidence of intent to defraud unless the drawer pays the amount due, interest, and any protest fees within 5 days after receiving written notice of nonpayment; notice by certified or registered mail to the drawer's last known address counts as received. | 2026 |
| service fee max[1] | 50 | 2026 |
| statute citation[2] | Va. Code Section 18.2-181 | 2026 |
Lending rules in Virginia: Virginia lending laws.
Sources
- Virginia General Assembly, Legislative Information System. Va. Code Section 8.01-27.1. Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers.
- Virginia General Assembly, Legislative Information System. Va. Code Section 18.2-181. Issuing bad checks, etc., larceny.
- Virginia General Assembly, Legislative Information System. Va. Code Section 18.2-183. Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail.