Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail (§ 18.2-183)—Virginia Decoded

Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail

In any prosecution or action under the preceding sections, the making or drawing or uttering or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees (if any), within five days after receiving written notice that such check, draft, or order has not been paid to the holder thereof. Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.If such check, draft or order shows on its face a printed or written address, home, office, or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.

History

Code 1950, § 6.1-117; 1966, c. 584; 1975, cc. 14, 15.

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Court Decisions

Holsapple v. Com. (SCV, 10/31/03)
. . . the bad-check law. Code § 6.1-117, now Code § 18.2-183, provided that the making of a check that . . .

Payne v. Com. (SCV, 09/11/81)
. . . , and the five-day period prescribed in Code § 18.2-183 lapsed without payment. Upon Hudson's . . .

Sylvestre v. Com. (COA, 04/24/90)
. . . check law). Sylvestre also contends that Code § 18.2-183, providing for an evidentiary presumption . . .

Holsapple v. Com. (COA, 01/14/03)
. . . defraud to arise under the bad check statute, Code § 18.2-183, . . .

Steven Lawrence Sykes v. Commonwealth of Virginia (COA, 03/09/04)
. . . contends the trial court erred in applying Code § 18.2-183’s . . .

In Re Holt (United States Bankruptcy Court, E.D. Virginia, 11/04/82)
. . . suggests a Virginia criminal statute, Va.Code Ann. § 18.2-183 which makes the uttering of a check . . .

Bray v. Com. (COA, 02/13/90)
. . . checks within five days in accord with Code § 18.2-183. Bray received the letter and signed for it . . .

Bagheri v. Commonwealth (COA, 08/06/91)
. . . the debts within five days in accord with Code § 18.2-183. Bagheri signed receipts for both . . .

Warren v. Commonwealth (SCV, 10/06/78)
. . . Without the statutory presumption created by Code | 18.2-183 [2] and in the absence of a showing . . .

Triangle Auto Auction, Inc. v. Cash (SCV, 06/09/89)
. . . of the notice pursuant to Code §§ 18.2-181 and 18.2-183. Triangle also contacted Cash by telephone . . .

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