8.01-226.10 - Civil immunity for causing the arrest of a person for a bad check.
§ 8.01-226.10. Civil immunity for causing the arrest of a person for a badcheck.
If payment of any check, draft, or order for the payment of money is refusedby the financial institution, trust company or other depository upon whichsuch instrument is drawn, and the person who drew or uttered such instrumentis 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 causedsuch person to be arrested and prosecuted, or either, shall be conclusivelydeemed to have acted with reasonable or probable cause in any suit fordamages that may be brought by the person who drew or uttered suchinstrument, if the one who arrested or caused such person to be arrested andprosecuted, or either, shall have, before doing so, presented or caused suchinstrument to be presented to the depository on which it was drawn where itwas refused, and then waited five days after notice, as provided in §18.2-183, without the amount due under the provisions of such instrumentbeing paid.
(2004, c. 462.)