2006 Code of Virginia § 55-210.3:2 - Checks, drafts and similar instruments issued or certified by banking and financial organization...

55-210.3:2. Checks, drafts and similar instruments issued or certified bybanking and financial organizations.

Any sum payable on a check, draft, or similar instrument, except moneyorders, travelers' checks and other similar instruments subject to 55-210.3:02, on which a banking or financial organization is directly liable,including but not limited to, cashier's checks and certified checks, whichhas been outstanding for more than five years after it was payable or afterits issuance if payable on demand, is presumed abandoned, unless the owner,within five years, has communicated in writing with the banking or financialorganization concerning it or otherwise indicated an interest as evidenced bya memorandum or other record on file prepared by an employee of the bankingor financial organization.

A holder may not deduct from the amount of any instrument subject to thissection any charges imposed by reason of the failure to present theinstrument for payment unless there is a valid and enforceable writtencontract between the holder and the owner of the instrument pursuant to whichthe holder may impose those charges, and the holder regularly imposes thosecharges and does not regularly reverse or otherwise cancel those charges withrespect to such instruments.

(1984, c. 121; 1985, c. 294.)