Payment and discharge

Question 1

Payment by mistake

Answer 1

The drawer can seek restitution when

1) The drawee pays a check on the mistaken belief that the drawer’s signature was an authorized signature

2) The drawee pays a check after a stop payment order was issued

Restitution is not available when payment is made to an HDC

Question 2

There is no statute in Virginia awarding attorney’s fees

Answer 2

But it could be done by agreement