2006 Code of Virginia § 18.2-183 - Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or register...

18.2-183. Issuance of bad check prima facie evidence of intent andknowledge; notice by certified or registered mail.

In any prosecution or action under the preceding sections, the making ordrawing or uttering or delivery of a check, draft, or order, payment of whichis refused by the drawee because of lack of funds or credit shall be primafacie evidence of intent to defraud or of knowledge of insufficient funds in,or credit with, such bank, banking institution, trust company or otherdepository unless such maker or drawer, or someone for him, shall have paidthe holder thereof the amount due thereon, together with interest, andprotest fees (if any), within five days after receiving written notice thatsuch check, draft, or order has not been paid to the holder thereof. Noticemailed by certified or registered mail, evidenced by return receipt, to thelast known address of the maker or drawer shall be deemed sufficient andequivalent 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 foregoingnotice, when sent by certified or registered mail to such address, with orwithout return receipt requested, shall be deemed sufficient and equivalentto notice having been received by the maker or drawer, whether such noticeshall 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, andthe five-day notice set forth above shall not be required in such case.

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