42 Pa. C.S. § 8304

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 8304 - Damages in actions on bad checks
(a) General ruleIn a civil action to recover damages and costs following a conviction for passing a bad check pursuant to 18 Pa.C.S. § 4105 (relating to bad checks) and failure to make full restitution, the payee shall, upon obtaining judgment, be entitled to recover damages in an amount equal to $100 or triple the amount for which the check was drawn, whichever is greater.
(b) LimitationDamages recovered under this section may not exceed by more than $500 the value of the check and shall be awarded only if:
(1) the payee made written demand of the issuer for payment of the amount of the check, including interest and service charges authorized by 18 Pa.C.S. § 4105(e), not less than ten days before commencing the action; and
(2) the issuer failed to tender to the payee, prior to commencement of the action, an amount of money not less than the amount demanded.
(c) RestrictionNotwithstanding subsection (a), if partial restitution has been made, damages recovered under this section may not exceed triple the amount of the unpaid restitution.

42 Pa.C.S. § 8304

1986, Dec. 11, P.L. 1481, No. 151, § 1, effective in 90 days; 1986, Dec. 15, P.L. 1598, No. 177, § 2, effective in 60 days. Amended 2000, June 22, P.L. 382, No. 50, § 2, effective in 60 days.