CODE OF VIRGINIA

RECOVERY OF COSTS IN CIVIL ACTIONS FOR BAD CHECKS (§ 17.1-626.1)

A. In any civil action by a holder to recover the sum payable of a check drawn
by the defendant on which payment has been refused by the payor bank because the
drawer had no account or insufficient funds, or in any civil action following an
arrest under § 18.2-181 or 18.2-182, the court, upon a determination that the
plaintiff has prevailed, shall add the following amounts, as costs, to the
amount due to the plaintiff for the check: (i) the sum of $ 30 to defray the
cost of processing the returned check; and (ii) the base wage of one employee
for time actually spent acting as a witness for the Commonwealth; provided,
however, that the total amount of allowable costs granted under the provisions
of this section shall not exceed the sum of $ 250 excluding restitution for the
amount of the check.

B. Such award of costs shall be contingent upon a finding (i) that the plaintiff
complied with the provisions in § 18.2-183 relating to notice and (ii) that the
defendant failed to deliver payment or evidence of bank error to the plaintiff
within five days after receipt of such notice.

HISTORY: 1977, c. 329, § 6.1-118.1; 2010, cc. 343, 794.