18.2-185 - Evidence and presumptions in malicious prosecution actions after issuance of bad check. - Virginia Statutes

§ 18.2-185. Evidence and presumptions in malicious prosecution actions afterissuance of bad check.

In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182,no evidence of statements or representations as to the status of the check,draft, order or deposit involved, or of any collateral agreement withreference to the check, draft, or order, shall be admissible unless suchstatements, or representations, or collateral agreement, be written upon theinstrument at the time it is given by the drawer.

If payment of any check, draft, or order for the payment of money be refusedby the bank, banking institution, trust company or other depository uponwhich such instrument is drawn, and the person who drew or uttered suchinstrument be arrested or prosecuted under the provisions of § 18.2-181 or §18.2-182, for failure or refusal to pay such instrument, the one who arrestedor caused such person to be arrested and prosecuted, or either, shall beconclusively deemed to have acted with reasonable or probable cause in anysuit for damages that may be brought by the person who drew or uttered suchinstrument, if the one who arrested or caused such person to be arrested andprosecuted, or either, shall have, before doing so, presented or caused suchinstrument to be presented to the depository on which it was drawn where itwas refused, and then waited five days after notice, as provided in §18.2-183, without the amount due under the provisions of such instrumentbeing paid.

(Code 1950, § 6.1-118; 1966, c. 584; 1975, cc. 14, 15.)