8.3A-505 - A-505. Evidence of dishonor. - Virginia Statutes

§ 8.3A-505. Evidence of dishonor.

(a) The following are admissible as evidence and create a presumption ofdishonor and of any notice of dishonor stated:

(1) a document regular in form as provided in subsection (b) which purportsto be a protest;

(2) a purported stamp or writing of the drawee, payor bank, or presentingbank on or accompanying the instrument stating that acceptance or payment hasbeen refused unless reasons for the refusal are stated and the reasons arenot consistent with dishonor;

(3) a book or record of the drawee, payor bank, or collecting bank, kept inthe usual course of business which shows dishonor, even if there is noevidence of who made the entry.

(b) A protest is a certificate of dishonor made by a United States consul orvice-consul, or a notary public or other person authorized to administeroaths by the law of the place where dishonor occurs. It may be made uponinformation satisfactory to that person. The protest must identify theinstrument and certify either that presentment has been made or, if not made,the reason why it was not made, and that the instrument has been dishonoredby nonacceptance or nonpayment. The protest may also certify that notice ofdishonor has been given to some or all parties.

(Code 1950, §§ 6-506 through 6-509, 6-511, 6-513; 1964, c. 219, §§ 8.3-509,8.3-510; 1992, c. 693.)