In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statement, or representation, or collateral agreement, is written upon the instrument at the time it is given by the drawer.
§ 8.01-27.3.Evidence in actions regarding issuance of bad check.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 2004 · Last verified July 16, 2026
In one sentenceSection 8.01-27.3 bars a party from introducing oral statements, representations, or side agreements about a check’s status in a civil action stemming from a bad-check arrest, unless those statements were written on the instrument itself when the drawer handed it over.
Full Text of § 8.01-27.3
Plain-English Summary
Section 8.01-27.3 controls what evidence is admissible in a civil action that grows out of an arrest for issuing a bad check under Section 18.2-181 or Section 18.2-182. It excludes evidence of statements or representations about the status of the check, draft, order, or deposit involved, and it excludes evidence of any side agreement connected to it.
The only way such a statement or agreement becomes admissible is if it was written on the instrument itself at the time the drawer handed it over. An oral assurance that the check was postdated, that funds were coming, or that the payee agreed to hold it — none of that counts as evidence unless it appears on the face of the check when given.
Frequently Asked Questions
What kind of civil action does Section 8.01-27.3 apply to?
A civil action that grows out of an arrest under Section 18.2-181 or Section 18.2-182, Virginia’s bad-check statutes.
Can a defendant testify that they told the payee the check was postdated?
No, not unless that statement was written on the check itself when the drawer gave it. An unwritten, after-the-fact claim about the check’s status is not admissible under this section.
Where must a side agreement about a check appear to be admissible?
On the instrument itself — the check, draft, or order — written there at the time the drawer gave it. An agreement kept separate from the instrument does not qualify.
Does this section apply to every civil dispute over a check?
No. It applies only to a civil action that grows out of an arrest under Section 18.2-181 or Section 18.2-182, not to bad-check disputes generally.
Does an oral promise that a check would clear once funds arrived count as evidence?
No. Section 8.01-27.3 excludes that kind of statement unless it was written on the instrument when the drawer gave it, so an oral promise about the check clearing later is not admissible.
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 evidence rule Virginiacollateral agreement on a check Virginia8.01-27.3 Virginia codecheck status statement admissibility18.2-181 civil action evidencepostdated check defense Virginia