{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-185.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-185.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-185.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-185.html"}],"law_id":81044,"edition_id":1,"section_id":81044,"structure_id":16051,"section_number":"18.2-185","catch_line":"Evidence and presumptions in malicious prosecution actions after issuance of bad check","history":"Code 1950, \u00a7 6.1-118; 1966, c. 584; 1975, cc. 14, 15.","full_text":"In any civil action growing out of an arrest under \u00a7 18.2-181 or \u00a7 18.2-182, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.\n\t\tIf payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of \u00a7 18.2-181 or \u00a7 18.2-182, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in \u00a7 18.2-183, without the amount due under the provisions of such instrument being paid.","order_by":null,"text":{"0":{"id":290497,"text":"In any civil action growing out of an arrest under \u00a7 18.2-181 or \u00a7 18.2-182, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.\n\t\tIf payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of \u00a7 18.2-181 or \u00a7 18.2-182, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in \u00a7 18.2-183, without the amount due under the provisions of such instrument being paid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16051,"edition_id":1,"name":"Bad Check Law","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 04:04:44","date_modified":"2026-06-26 04:04:44","permalink":{"id":166059,"object_type":"structure","relational_id":16051,"identifier":"4","token":"18.2\/6\/4","url":"\/18.2\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13358,"edition_id":1,"name":"Crimes Involving Fraud","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":165933,"object_type":"structure","relational_id":13358,"identifier":"6","token":"18.2\/6","url":"\/18.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84288,"structure_id":16051,"section_number":"18.2-181","catch_line":"Issuing bad checks, etc., larceny","url":"\/18.2-181\/","token":"18.2\/6\/4\/18.2-181","metadata":false},{"id":71270,"structure_id":16051,"section_number":"18.2-181.1","catch_line":"Issuance of bad checks","url":"\/18.2-181.1\/","token":"18.2\/6\/4\/18.2-181.1","metadata":false},{"id":63017,"structure_id":16051,"section_number":"18.2-182","catch_line":"Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty","url":"\/18.2-182\/","token":"18.2\/6\/4\/18.2-182","metadata":false},{"id":78579,"structure_id":16051,"section_number":"18.2-182.1","catch_line":"Issuing bad checks in payment of taxes","url":"\/18.2-182.1\/","token":"18.2\/6\/4\/18.2-182.1","metadata":false},{"id":70811,"structure_id":16051,"section_number":"18.2-183","catch_line":"Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail","url":"\/18.2-183\/","token":"18.2\/6\/4\/18.2-183","metadata":false},{"id":63053,"structure_id":16051,"section_number":"18.2-184","catch_line":"Presumption as to notation attached to check, draft or order","url":"\/18.2-184\/","token":"18.2\/6\/4\/18.2-184","metadata":false},{"id":81044,"structure_id":16051,"section_number":"18.2-185","catch_line":"Evidence and presumptions in malicious prosecution actions after issuance of bad check","url":"\/18.2-185\/","token":"18.2\/6\/4\/18.2-185","metadata":false}],"previous_section":{"id":63053,"structure_id":16051,"section_number":"18.2-184","catch_line":"Presumption as to notation attached to check, draft or order","url":"\/18.2-184\/","token":"18.2\/6\/4\/18.2-184","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-185\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 584; in 1975, chapters 14 and 15.<\/p>","references":false,"refers_to":[{"id":84288,"section_number":"18.2-181","catch_line":"Issuing bad checks, etc., larceny","order_by":null,"url":"\/18.2-181\/"},{"id":63017,"section_number":"18.2-182","catch_line":"Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty","order_by":null,"url":"\/18.2-182\/"},{"id":70811,"section_number":"18.2-183","catch_line":"Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail","order_by":null,"url":"\/18.2-183\/"}],"permalink":{"id":166085,"object_type":"law","relational_id":81044,"identifier":"18.2-185","token":"18.2\/6\/4\/18.2-185","url":"\/18.2-185\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-185\/","token":"18.2\/6\/4\/18.2-185","dublin_core":{"Title":"Evidence and presumptions in malicious prosecution actions after issuance of bad check","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-185","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any civil action<\/span> growing out of an arrest<\/span> under \u00a7 18.2-181<\/a> or \u00a7 18.2-182<\/a>, no evidence<\/span> of statements or representations as to the status of the check, draft, order<\/span> or deposit involved, or of any collateral<\/span> agreement with reference to the check, draft, or order<\/span>, shall be admissible<\/span> unless such statements, or representations, or collateral<\/span> agreement, be written upon the instrument at the time it is given by the drawer.\n\t\tIf payment of any check, draft, or order<\/span> for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of \u00a7 18.2-181<\/a> or \u00a7 18.2-182<\/a>, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause<\/span> in any suit for damages<\/span> that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in \u00a7 18.2-183<\/a>, without the amount due under the provisions of such instrument being paid.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE AND PRESUMPTIONS IN MALICIOUS PROSECUTION ACTIONS AFTER ISSUANCE OF BAD\nCHECK (\u00a7 18.2-185)\n\nIn any civil action growing out of an arrest under \u00a7 18.2-181 or \u00a7 18.2-182,\nno evidence of statements or representations as to the status of the check,\ndraft, order or deposit involved, or of any collateral agreement with reference\nto the check, draft, or order, shall be admissible unless such statements, or\nrepresentations, or collateral agreement, be written upon the instrument at the\ntime it is given by the drawer.\n\t\tIf payment of any check, draft, or order for the payment of money be refused\nby the bank, banking institution, trust company or other depository upon which\nsuch instrument is drawn, and the person who drew or uttered such instrument be\narrested or prosecuted under the provisions of \u00a7 18.2-181 or \u00a7 18.2-182, for\nfailure or refusal to pay such instrument, the one who arrested or caused such\nperson to be arrested and prosecuted, or either, shall be conclusively deemed to\nhave acted with reasonable or probable cause in any suit for damages that may be\nbrought by the person who drew or uttered such instrument, if the one who\narrested or caused such person to be arrested and prosecuted, or either, shall\nhave, before doing so, presented or caused such instrument to be presented to\nthe depository on which it was drawn where it was refused, and then waited five\ndays after notice, as provided in \u00a7 18.2-183, without the amount due under the\nprovisions of such instrument being paid.\n\nHISTORY: Code 1950, \u00a7 6.1-118; 1966, c. 584; 1975, cc. 14, 15.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}