If payment of any check, draft, or order for the payment of money is refused by the financial institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument is 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.
§ 8.01-226.10.Civil immunity for causing the arrest of a person for a bad check.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 2004 · Last verified July 16, 2026
In one sentenceSection 8.01-226.10 deems a person who causes the arrest and prosecution of someone for passing a bad check to have acted with reasonable or probable cause, shielding them from a damages suit, if they presented the instrument for payment, had it refused, and waited five days after required notice without payment before pursuing the arrest.
Full Text of § 8.01-226.10
Plain-English Summary
Virginia’s bad-check statutes, §§ 18.2-181 and 18.2-182, make it a crime to write or pass a check knowing there are insufficient funds to cover it. This section addresses the flip side: what protects the person or business that reports the bad check and triggers an arrest, if the check-writer later sues them for damages?
The statute answers with a conclusive presumption rather than a case-by-case reasonableness inquiry. If the check was presented to the drawee institution and refused, and the person who caused the arrest then waited five days after giving the notice required by § 18.2-183 without receiving payment before pursuing the arrest and prosecution, that person is conclusively deemed to have acted with reasonable or probable cause in any damages suit the check-writer might bring. Because the presumption is conclusive, the check-writer cannot overcome it by arguing the arrest was unreasonable once those procedural steps are shown to have been followed.
Frequently Asked Questions
Can I be sued for reporting someone who wrote me a bad check that led to their arrest?
Not if you followed the steps in § 8.01-226.10 — presenting the check for payment, having it refused, giving the required § 18.2-183 notice, and waiting five days without payment before pursuing the arrest. Doing so conclusively establishes that you acted with reasonable or probable cause.
What does “conclusively deemed” mean in this section?
It means the presumption of reasonable or probable cause cannot be rebutted once the statutory steps are shown — the check-writer cannot argue the arrest was unreasonable if the presenter followed the presentment, notice, and waiting-period requirements.
What notice has to be given before pursuing an arrest under this section?
The notice required by § 18.2-183, Virginia’s bad-check notice statute, which has to be given before the five-day waiting period described in this section begins to run.
What criminal statutes does this section reference?
Sections 18.2-181 and 18.2-182, Virginia’s criminal bad-check statutes covering issuing a check with insufficient funds and related conduct.
Does the five-day wait run from when the check bounced, or from when notice was given?
From the notice — the statute requires waiting five days “after notice, as provided in § 18.2-183,” without payment, before pursuing the arrest and prosecution.
Amendment History
2004, c. 462.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: bad check arrest liability virginiainsufficient funds check lawsuit immunity virginiamalicious prosecution bad check virginia18.2-183 notice bad check virginia