CODE OF VIRGINIA

EVIDENCE AND PRESUMPTIONS IN MALICIOUS PROSECUTION ACTIONS AFTER ISSUANCE OF BAD
CHECK (§ 18.2-185)

In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182,
no evidence of statements or representations as to the status of the check,
draft, order or deposit involved, or of any collateral agreement with reference
to the check, draft, or order, shall be admissible unless such statements, or
representations, or collateral agreement, be written upon the instrument at the
time it is given by the drawer.If payment of any check, draft, or order for the
payment of money be refused by the bank, banking institution, trust company or
other depository upon which such instrument is drawn, and the person who drew or
uttered such instrument be arrested or prosecuted under the provisions of §
18.2-181 or § 18.2-182, for failure or refusal to pay such instrument, the one
who arrested or caused such person to be arrested and prosecuted, or either,
shall be conclusively deemed to have acted with reasonable or probable cause in
any suit for damages that may be brought by the person who drew or uttered such
instrument, if the one who arrested or caused such person to be arrested and
prosecuted, or either, shall have, before doing so, presented or caused such
instrument to be presented to the depository on which it was drawn where it was
refused, and then waited five days after notice, as provided in § 18.2-183,
without the amount due under the provisions of such instrument being paid.

HISTORY: Code 1950, § 6.1-118; 1966, c. 584; 1975, cc. 14, 15.