Bad check laws in Virginia

Key facts

• Civil damages ruleA 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.^[3]
• Misdemeanor penaltyA 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.^[1]
• Prosecution notice requirementA 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.^[2]
• Statute citationVa. Code Section 18.2-181^[1]

Sources

1. Virginia General Assembly, Legislative Information System. Va. Code Section 18.2-181. Issuing bad checks, etc., larceny.
2. 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.
3. 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.