{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-27.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-27.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-27.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-27.1.html"}],"law_id":68293,"edition_id":1,"section_id":68293,"structure_id":15725,"section_number":"8.01-27.1","catch_line":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","history":"1981, c. 230; 1992, c. 238; 1996, c. 334; 2003, c. 233; 2008, c. 489; 2009, c. 182; 2013, c. 63.","full_text":"A\n\nExcept as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, in any civil claim or action made or brought against the drawer of a check, draft or order, payment of which has been refused by the drawee depository because of lack of funds in or credit with such drawee depository, or because such check, draft or order was returned because of a stop-payment order placed in bad faith on the check, draft or order by the drawer, the holder or his agent shall be entitled to claim, in addition to the face amount of the check (i) legal interest from the date of the check, (ii) the protest or bad check return fee, if any, charged to the holder by his bank or other depository, (iii) a processing charge of $50, and (iv) reasonable attorney’s fees if awarded by the court.B\n\nExcept as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, any holder of a check, draft or order, payment of which has been refused by the drawee for insufficient funds or credit or because of a stop-payment order placed in bad faith, who charges the drawer amounts in excess of those authorized in subsection A on account of payment being so refused shall, upon demand, be liable to the drawer for the lesser of (i) $50 plus the excess of the authorized amount or (ii) twice the amount charged in excess of the authorized amount.C\n\nIf an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, the authorizing party and the payee shall have the same rights and remedies as if the drawer had issued a bad check under subsection B. For purposes of this subsection, “electronic funds transfer” has the same meaning as provided in 15 U.S.C. § 1693(a).","order_by":null,"text":{"0":{"id":247064,"text":"Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, in any civil claim or action made or brought against the drawer of a check, draft or order, payment of which has been refused by the drawee depository because of lack of funds in or credit with such drawee depository, or because such check, draft or order was returned because of a stop-payment order placed in bad faith on the check, draft or order by the drawer, the holder or his agent shall be entitled to claim, in addition to the face amount of the check (i) legal interest from the date of the check, (ii) the protest or bad check return fee, if any, charged to the holder by his bank or other depository, (iii) a processing charge of $50, and (iv) reasonable attorney’s fees if awarded by the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247065,"text":"Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, any holder of a check, draft or order, payment of which has been refused by the drawee for insufficient funds or credit or because of a stop-payment order placed in bad faith, who charges the drawer amounts in excess of those authorized in subsection A on account of payment being so refused shall, upon demand, be liable to the drawer for the lesser of (i) $50 plus the excess of the authorized amount or (ii) twice the amount charged in excess of the authorized amount.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":247066,"text":"If an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, the authorizing party and the payee shall have the same rights and remedies as if the drawer had issued a bad check under subsection B. For purposes of this subsection, “electronic funds transfer” has the same meaning as provided in 15 U.S.C. § 1693(a).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15725,"edition_id":1,"name":"Actions on Contracts Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:58:26","date_modified":"2026-06-26 03:58:26","permalink":{"id":280373,"object_type":"structure","relational_id":15725,"identifier":"2","token":"8.01\/3\/2","url":"\/8.01\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60317,"structure_id":15725,"section_number":"8.01-27","catch_line":"Civil action on note or writing promising to pay money","url":"\/8.01-27\/","token":"8.01\/3\/2\/8.01-27","metadata":false},{"id":68293,"structure_id":15725,"section_number":"8.01-27.1","catch_line":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","url":"\/8.01-27.1\/","token":"8.01\/3\/2\/8.01-27.1","metadata":false},{"id":69072,"structure_id":15725,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","url":"\/8.01-27.2\/","token":"8.01\/3\/2\/8.01-27.2","metadata":false},{"id":60921,"structure_id":15725,"section_number":"8.01-27.3","catch_line":"Evidence in actions regarding issuance of bad check","url":"\/8.01-27.3\/","token":"8.01\/3\/2\/8.01-27.3","metadata":false},{"id":64489,"structure_id":15725,"section_number":"8.01-27.4","catch_line":"Civil recovery for professional services","url":"\/8.01-27.4\/","token":"8.01\/3\/2\/8.01-27.4","metadata":false},{"id":71560,"structure_id":15725,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","url":"\/8.01-27.5\/","token":"8.01\/3\/2\/8.01-27.5","metadata":false},{"id":76858,"structure_id":15725,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","url":"\/8.01-28\/","token":"8.01\/3\/2\/8.01-28","metadata":false},{"id":78708,"structure_id":15725,"section_number":"8.01-29","catch_line":"Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance","url":"\/8.01-29\/","token":"8.01\/3\/2\/8.01-29","metadata":false},{"id":68590,"structure_id":15725,"section_number":"8.01-30","catch_line":"Procedure in actions on contracts made by several persons","url":"\/8.01-30\/","token":"8.01\/3\/2\/8.01-30","metadata":false},{"id":70643,"structure_id":15725,"section_number":"8.01-31","catch_line":"Accounting in equity","url":"\/8.01-31\/","token":"8.01\/3\/2\/8.01-31","metadata":false},{"id":85088,"structure_id":15725,"section_number":"8.01-32","catch_line":"Action on lost evidences of debt","url":"\/8.01-32\/","token":"8.01\/3\/2\/8.01-32","metadata":false},{"id":78916,"structure_id":15725,"section_number":"8.01-33","catch_line":"Equitable relief in certain cases","url":"\/8.01-33\/","token":"8.01\/3\/2\/8.01-33","metadata":false}],"previous_section":{"id":60317,"structure_id":15725,"section_number":"8.01-27","catch_line":"Civil action on note or writing promising to pay money","url":"\/8.01-27\/","token":"8.01\/3\/2\/8.01-27","metadata":false},"next_section":{"id":69072,"structure_id":15725,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","url":"\/8.01-27.2\/","token":"8.01\/3\/2\/8.01-27.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-27.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 230 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1992, chapter 238; in 1996, chapter 334<\/a>; in 2003, chapter 233<\/a>; in 2008, chapter 489<\/a>; in 2009, chapter 182<\/a>; in 2013, chapter 63<\/a>.<\/p>","references":[{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":69072,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","order_by":null,"url":"\/8.01-27.2\/"},{"id":64489,"section_number":"8.01-27.4","catch_line":"Civil recovery for professional services","order_by":null,"url":"\/8.01-27.4\/"}],"refers_to":[{"id":61413,"section_number":"55.1-1200","catch_line":"Definitions","order_by":null,"url":"\/55.1-1200\/"},{"id":75454,"section_number":"55.1-1400","catch_line":"Applicability; right to terminate tenant","order_by":null,"url":"\/55.1-1400\/"}],"permalink":{"id":280379,"object_type":"law","relational_id":68293,"identifier":"8.01-27.1","token":"8.01\/3\/2\/8.01-27.1","url":"\/8.01-27.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-27.1\/","token":"8.01\/3\/2\/8.01-27.1","dublin_core":{"Title":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-27.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in Chapter 12 (§ 55.1-1200<\/a> et seq.) or Chapter 14 (§ 55.1-1400<\/a> et seq.) of Title 55.1, in any civil claim or action<\/span> made or brought against the drawer of a check, draft or order<\/span>, payment of which has been refused by the drawee depository because of lack of funds in or credit with such drawee depository, or because such check, draft or order<\/span> was returned because of a stop-payment order<\/span> placed in bad faith on the check, draft or order<\/span> by the drawer, the holder or his agent shall be entitled to claim, in addition to the face amount of the check (i) legal interest from the date of the check, (ii) the protest or bad check return fee, if any, charged to the holder by his bank or other depository, (iii) a processing charge of $50, and (iv) reasonable attorney’s fees if awarded by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in Chapter 12 (§ 55.1-1200<\/a> et seq.) or Chapter 14 (§ 55.1-1400<\/a> et seq.) of Title 55.1, any holder of a check, draft or order<\/span>, payment of which has been refused by the drawee for insufficient funds or credit or because of a stop-payment order<\/span> placed in bad faith, who charges the drawer amounts in excess of those authorized in subsection A on account of payment being so refused shall, upon demand, be liable to the drawer for the lesser of (i) $50 plus the excess of the authorized amount or (ii) twice the amount charged in excess of the authorized amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an electronic funds transfer<\/span> has been rejected because of insufficient funds or a stop-payment order<\/span> has been placed in bad faith by the authorizing party<\/span>, the authorizing party<\/span> and the payee shall have the same rights and remedies as if the drawer had issued a bad check under subsection B. For purposes of this subsection, “electronic funds transfer<\/span>” has the same meaning as provided in 15 U.S.C. § 1693(a). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL RECOVERY IN CERTAIN CIVIL ACTIONS CONCERNING CHECKS OR REJECTED\nELECTRONIC FUNDS TRANSFERS (\u00a7 8.01-27.1)\n\nA. Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or\nChapter 14 (§ 55.1-1400 et seq.) of Title 55.1, in any civil claim or\naction made or brought against the drawer of a check, draft or order, payment of\nwhich has been refused by the drawee depository because of lack of funds in or\ncredit with such drawee depository, or because such check, draft or order was\nreturned because of a stop-payment order placed in bad faith on the check, draft\nor order by the drawer, the holder or his agent shall be entitled to claim, in\naddition to the face amount of the check (i) legal interest from the date of the\ncheck, (ii) the protest or bad check return fee, if any, charged to the holder\nby his bank or other depository, (iii) a processing charge of $50, and (iv)\nreasonable attorney’s fees if awarded by the court.\n\nB. Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or\nChapter 14 (§ 55.1-1400 et seq.) of Title 55.1, any holder of a check,\ndraft or order, payment of which has been refused by the drawee for insufficient\nfunds or credit or because of a stop-payment order placed in bad faith, who\ncharges the drawer amounts in excess of those authorized in subsection A on\naccount of payment being so refused shall, upon demand, be liable to the drawer\nfor the lesser of (i) $50 plus the excess of the authorized amount or (ii) twice\nthe amount charged in excess of the authorized amount.\n\nC. If an electronic funds transfer has been rejected because of insufficient\nfunds or a stop-payment order has been placed in bad faith by the authorizing\nparty, the authorizing party and the payee shall have the same rights and\nremedies as if the drawer had issued a bad check under subsection B. For\npurposes of this subsection, “electronic funds transfer” has the\nsame meaning as provided in 15 U.S.C. § 1693(a).\n\nHISTORY: 1981, c. 230; 1992, c. 238; 1996, c. 334; 2003, c. 233; 2008, c. 489;\n2009, c. 182; 2013, c. 63.","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}}