                                 CODE OF VIRGINIA

ADDITIONAL RECOVERY IN CERTAIN CIVIL ACTIONS CONCERNING CHECKS OR REJECTED
ELECTRONIC FUNDS TRANSFERS (§ 8.01-27.1)

A. Except as otherwise provided in Chapter 12 (&#xA7; 55.1-1200 et seq.) or
Chapter 14 (&#xA7; 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&#8217;s fees if awarded by the court.

B. Except as otherwise provided in Chapter 12 (&#xA7; 55.1-1200 et seq.) or
Chapter 14 (&#xA7; 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. 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, &#8220;electronic funds transfer&#8221; has the
same meaning as provided in 15 U.S.C. &#xA7; 1693(a).

HISTORY: 1981, c. 230; 1992, c. 238; 1996, c. 334; 2003, c. 233; 2008, c. 489;
2009, c. 182; 2013, c. 63.