17.1-626.1 - (Effective October 1, 2010) Recovery of costs in civil actions for bad checks. - Virginia Statutes

§ 17.1-626.1. (Effective October 1, 2010) Recovery of costs incivil actions for bad checks.

A. In any civil action by a holder to recover the sum payableof a check drawn by the defendant on which payment has been refused by thepayor bank because the drawer had no account or insufficient funds, or in anycivil action following an arrest under § 18.2-181 or 18.2-182, the court, upona determination that the plaintiff has prevailed, shall add the followingamounts, as costs, to the amount due to the plaintiff for the check: (i) thesum of $30 to defray the cost of processing the returned check; and (ii) thebase wage of one employee for time actually spent acting as a witness for theCommonwealth; provided, however, that the total amount of allowable costsgranted under the provisions of this section shall not exceed the sum of $250excluding restitution for the amount of the check.

B. Such award of costs shall be contingent upon a finding (i)that the plaintiff complied with the provisions in § 18.2-183 relating tonotice and (ii) that the defendant failed to deliver payment or evidence ofbank error to the plaintiff within five days after receipt of such notice.

(2010, c. 343, § 6.1-118.1; 2010, c. 794.)