2006 Code of Virginia § 8.01-27.1 - Additional recovery in certain civil actions concerning checks

8.01-27.1. Additional recovery in certain civil actions concerning checks.

A. In any civil claim or action made or brought against the drawer of acheck, draft or order, payment of which has been refused by the draweedepository because of lack of funds in or credit with such drawee depository,the holder or his agent shall be entitled to claim, in addition to the faceamount of the check (i) legal interest from the date of the check, (ii) theprotest or bad check return fee, if any, charged to the holder by his bank orother depository, (iii) a processing charge of $35, and (iv) reasonableattorney's fees if awarded by the court.

B. Any holder of a check, draft or order, payment of which has been refusedby the drawee for insufficient funds or credit, who charges the draweramounts in excess of those authorized in subsection A on account of paymentbeing so refused shall, upon demand, be liable to the drawer for the lesserof (i) $35 plus the excess of the authorized amount or (ii) twice the amountcharged in excess of the authorized amount.

(1981, c. 230; 1992, c. 238; 1996, c. 334; 2003, c. 233.)