                                 CODE OF VIRGINIA

ACCEPTANCE OF CHECKS AND CREDIT OR DEBIT CARDS IN LIEU OF MONEY; ADDITIONAL FEE
(§ 19.2-353.3)

Notwithstanding the provisions of § 19.2-353, personal checks and credit or
debit cards shall be accepted in lieu of money to collect and secure all fees,
fines, restitution, forfeiture, penalties and costs collected for offenses tried
in a district court, including motor vehicle violations, committed against the
Commonwealth or against any county, city or town. Notwithstanding the provisions
of § 19.2-353, personal checks shall be accepted in lieu of money to collect
and secure all fees, fines, restitution, forfeiture, penalties and costs
collected for offenses tried in a circuit court, including motor vehicle
violations, committed against the Commonwealth or against any county, city or
town. The clerk of any circuit court shall not be required to but may, in his
discretion, accept credit or debit card payment in lieu of money to collect and
secure all fees, including filing fees, fines, restitution, forfeitures,
penalties, and costs collected. The Committee on District Courts shall devise a
procedure for approving and accepting checks and credit or debit cards that
shall be accepted by the district courts. Court personnel shall not be held to
be guarantors of the payment made in such manner and shall not be personally
liable for any sums uncollected. The clerk of the court, in addition to any
fees, fines, restitution, forfeiture, penalties or costs, may add to such
payment a sum not to exceed four percent of the amount paid for the transaction,
or a flat fee not to exceed $2 per transaction, as a reasonable convenience fee
for the acceptance of a credit or debit card.
		If a check is returned unpaid by the financial institution on which it is
drawn or notice is received from the credit or debit card issuer that payment
will not be made, for any reason, the fees, fine, restitution, forfeiture,
penalty or costs shall be treated as unpaid, and the court may pursue all
available remedies to obtain payment. The clerk of the court to whom the
dishonored check or credit or debit card was tendered may impose a fee of $50 or
10 percent of the value of the payment, whichever is greater, in addition to the
fine and costs already imposed.
		The clerk of court may refuse acceptance of checks or credit or debit cards of
an individual if (i) he has been convicted of a violation of Chapter 6 (§
18.2-168 et seq.) of Title 18.2 in which a check, credit or debit card, or
credit or debit card information was used to commit the offense, (ii) he has
previously tendered to the court a check which was not ultimately honored or a
credit or debit card or credit or debit card information which did not
ultimately result in payment by the credit or debit card issuer, (iii)
authorization of payment is not given by the bank or credit or debit card
issuer, (iv) the validity of the check or credit or debit card cannot be
verified, or (v) the payee of the check is other than the court.

HISTORY: 1979, c. 525; 1988, cc. 770, 852; 1990, c. 899; 1994, cc. 432, 841,
945; 1997, c. 819; 1998, cc. 720, 731; 2001, cc. 481, 501; 2009, c. 594; 2012,
cc. 420, 714.