§ 8304. Damages in actions on bad checks.

244 words·~1 min read·/pa/title-42/chapter-83/8304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- In 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)Limitation.-- Damages 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)Restriction.-- Notwithstanding subsection (a), if partial restitution has been made, damages recovered under this section may not exceed triple the amount of the unpaid restitution.

42c8304v

(Dec. 11, 1986, P.L.1481, No.151, eff. 90 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; June 22, 2000, P.L.382, No.50, eff. 60 days)

2000 Amendment. Act 50 amended subsec. (b).

1986 Amendments. Acts 151 and 177 added section 8304. The amendments by Acts 151 and 177 are identical and therefore have been merged.

42c8305s