6.1-118.1 - (Repealed effective October 1, 2010) Recovery of costs in civil actions for bad checks. - Virginia Statutes

§ 6.1-118.1. (Repealed effective October 1, 2010) Recovery of costs in civilactions for bad checks.

A. In any civil action by a holder to recover the sum payable of a checkdrawn by the defendant on which payment has been refused by the payor bankbecause the drawer had no account or insufficient funds, or in any civilaction following an arrest under § 18.2-181 or § 18.2-182, the court, upon adetermination 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 theplaintiff complied with the provisions in § 18.2-183 relating to notice and(ii) that the defendant failed to deliver payment or evidence of bank errorto the plaintiff within five days after receipt of such notice.

(1977, c. 329; 2010, c. 343.)