A. Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, in the event a check, draft or order, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid in full within thirty days after receipt by the drawer of (i) written notice by registered, certified, or regular mail with the sender retaining an affidavit of service of mailing or other sufficient proof of mailing, which may be a U.S. Postal Certificate of Mailing or (ii) if for nonpayment of rent under § 55.1-1245 or 55.1-1415, written notice in accordance therewith, from the payee that the check, draft or order has been returned unpaid, the payee may recover from the drawer in a civil action brought by the filing of a warrant in debt, the lesser of $250 or three times the amount of the check, draft or order. The amount recovered as authorized by this section shall be in addition to the amounts authorized for recovery under § 8.01-27.1. No action may be initiated under this section if any action has been initiated under § 18.2-181. The drawer shall be obligated to pay the cost of service and the cost of mailing, as applicable.
§ 8.01-27.2.Civil recovery for giving bad check.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 2013 · Last verified July 16, 2026
In one sentenceSection 8.01-27.2 gives the payee of a bad check a civil remedy — a statutory penalty of the lesser of $250 or three times the check’s amount — when the drawer fails to make good on a bounced check within thirty days of written notice, on top of any recovery available under Section 8.01-27.1.
Full Text of § 8.01-27.2
B. If an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, the authorizing party and the payee shall have the same rights and remedies as if the drawer had issued a bad check under § 8.01-27.1. For purposes of this subsection, "electronic funds transfer" has the same meaning as provided in 15 U.S.C. § 1693(a).
Plain-English Summary
Section 8.01-27.2 gives the payee of a bounced check a further remedy once thirty days have passed. Subject to the same rent-payment exceptions found elsewhere in this article, it applies when a check, draft, or order is refused for lack of funds or credit and the payee has sent the drawer written notice — by registered, certified, or regular mail with proof of mailing, or, for certain rent nonpayment cases, notice under the applicable landlord-tenant statute — that the check came back unpaid. If the drawer does not pay the check in full within thirty days after receiving that notice, the payee may sue by filing a warrant in debt and recover the lesser of $250 or three times the amount of the check, on top of whatever the payee can already recover under Section 8.01-27.1.
Two limits apply. The drawer, not the payee, bears the cost of mailing the notice and serving the lawsuit. And a payee cannot bring an action under this section if a criminal bad-check prosecution has already been initiated under Section 18.2-181.
Subsection B extends the same remedy to a rejected electronic funds transfer: if the transfer is rejected for insufficient funds, or canceled through a bad-faith stop-payment order, the authorizing party and the payee have the same rights and remedies as if the drawer had issued a bad check under Section 8.01-27.1.
Frequently Asked Questions
How long does a drawer have to make a bad check good before facing this civil penalty?
Thirty days after receiving the payee’s written notice that the check came back unpaid.
What proof of notice does a payee need to send the drawer?
Written notice by registered, certified, or regular mail, with the sender keeping an affidavit of service or other sufficient proof of mailing, such as a U.S. Postal Certificate of Mailing — or, in certain rent nonpayment cases, notice under the applicable landlord-tenant statute.
How much can a payee recover under Section 8.01-27.2?
The lesser of $250 or three times the amount of the check, in addition to whatever the payee can already recover under Section 8.01-27.1.
Can I use this section if I already reported the bad check to the police?
No. The statute bars an action under this section if a criminal action has already been initiated under Section 18.2-181.
Who pays for the cost of sending notice and serving the lawsuit?
The drawer. Section 8.01-27.2 obligates the drawer to pay the cost of service and the cost of mailing.
Amendment History
1985, c. 579; 1988, c. 433; 1992, c. 501; 2002, c. 763; 2008, c. 489; 2013, c. 63.
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
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