8.01-27.1 - Additional recovery in certain civil actions concerning checks. - Virginia Statutes

§ 8.01-27.1. Additional recovery in certain civil actions concerning checks.

A. Except as otherwise provided in Chapter 13 (§ 55-217 et seq.) or Chapter13.2 (§ 55-248.2 et seq.) of Title 55, in any civil claim or action made orbrought against the drawer of a check, draft or order, payment of which hasbeen refused by the drawee depository because of lack of funds in or creditwith such drawee depository, or because such check, draft or order wasreturned 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 toclaim, in addition to the face amount of the check (i) legal interest fromthe 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 processingcharge of $50, and (iv) reasonable attorney's fees if awarded by the court.

B. Except as otherwise provided in Chapter 13 (§ 55-217 et seq.) or Chapter13.2 (§ 55-248.2 et seq.) of Title 55, any holder of a check, draft or order,payment of which has been refused by the drawee for insufficient funds orcredit or because of a stop-payment order placed in bad faith, who chargesthe drawer amounts in excess of those authorized in subsection A on accountof payment being so refused shall, upon demand, be liable to the drawer forthe lesser of (i) $50 plus the excess of the authorized amount or (ii) twicethe amount charged in excess of the authorized amount.

(1981, c. 230; 1992, c. 238; 1996, c. 334; 2003, c. 233; 2008, c. 489; 2009,c. 182.)