Legal Question in Credit and Debt Law in Virginia
Bounced checks
My brother in law has just been indicted by a grand jury for bouncing his mortgage check. I believe the check was over $600. When does the State of VA press charges for bounced checks (1st offense? 2nd?, etc)? Is there a minimal amount for the checks to total before they press charges? What is the charge? (I know it was a felony)
1 Answer from Attorneys
Re: Bounced checks
S18.2-181 Of the Virginia Criminal Code specifies no minimum amounts in order to be charged with "bad check larceny"; only that if the "check, draft or order has a represented value of $200 or more", a person so convicted will be guilty of a Class 6 felony.
S18.2.183 goes on to specify that failure to make good on the bounced check within 5 days of having
received written notice from the bank or other financial institution is regarded as prima facie(evidence on its face)evidence of the check writer's intent to defraud or knowledge of insufficent funds.
In your brother's case, since the amount exceeded $200.00, the charge would apparently be larceny
charged as a Class 6 felony.
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