8.01-27.2 - Civil recovery for giving bad check. - Virginia Statutes

§ 8.01-27.2. Civil recovery for giving bad check.

Except as otherwise provided in Chapter 13 (§ 55-217 et seq.) or Chapter 13.2(§ 55-248.2 et seq.) of Title 55, in the event a check, draft or order, thepayment of which has been refused by the drawee because of lack of funds inor credit with such drawee, is not paid in full within thirty days afterreceipt by the drawer of (i) written notice by registered, certified, orregular mail with the sender retaining an affidavit of service of mailing orother sufficient proof of mailing, which may be a U.S. Postal Certificate ofMailing or (ii) if for nonpayment of rent under § 55-225 or 55-248.31,written notice in accordance therewith, from the payee that the check, draftor order has been returned unpaid, the payee may recover from the drawer in acivil action brought by the filing of a warrant in debt, the lesser of $250or three times the amount of the check, draft or order. The amount recoveredas authorized by this section shall be in addition to the amounts authorizedfor recovery under § 8.01-27.1. No action may be initiated under this sectionif any action has been initiated under § 18.2-181. The drawer shall beobligated to pay the cost of service and the cost of mailing, as applicable.

(1985, c. 579; 1988, c. 433; 1992, c. 501; 2002, c. 763; 2008, c. 489.)