                                 CODE OF VIRGINIA

CIVIL RECOVERY FOR GIVING BAD CHECK (§ 8.01-27.2)

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 the event a check, draft
or order, the payment of which has been refused by the drawee because of lack of
funds in or credit with such drawee, is not paid in full within thirty days
after receipt by the drawer of (i) written notice by registered, certified, or
regular mail with the sender retaining an affidavit of service of mailing or
other sufficient proof of mailing, which may be a U.S. Postal Certificate of
Mailing or (ii) if for nonpayment of rent under &#xA7; 55.1-1245 or 55.1-1415,
written notice in accordance therewith, from the payee that the check, draft or
order has been returned unpaid, the payee may recover from the drawer in a civil
action brought by the filing of a warrant in debt, the lesser of $250 or three
times the amount of the check, draft or order. The amount recovered as
authorized by this section shall be in addition to the amounts authorized for
recovery under &#xA7; 8.01-27.1. No action may be initiated under this section
if any action has been initiated under &#xA7; 18.2-181. The drawer shall be
obligated to pay the cost of service and the cost of mailing, as applicable.

B. 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 &#xA7; 8.01-27.1. 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: 1985, c. 579; 1988, c. 433; 1992, c. 501; 2002, c. 763; 2008, c. 489;
2013, c. 63.