Legal Question in Criminal Law in Virginia

Re: return of check for insufficient funds

The payee or holder will normally put the check through at least twice. If it still doesn't clear, the holder of the check must send notice of the deficiency via registered or certified mail, preferably, with return receipt requested to the last known address of the maker or drawer of the check, who then has five days from the date of receiving notice to make the check good. The relevant statute (18.2-183 Va. Code) makes clear that "notice mailed by certified mail or registered mail, evidenced by return receipt, to the last known maker or drawer(of the check)shall be deemed sufficient and equivalent to notice

having been received by the maker or drawer."

Bottom line: you've got five days to pay up. The payee or holder of the check must give you the notice described above before they bring charges.

They are required by statute to give this notice; they are not, however, required to put the check through twice.

The statute cited above concludes by stating that if the the maker of the check draws it on a bank in which he has no account, the above described 5 day notice is not required as this shall be considered prima facie evidence of an intent to defraud.