# 42 Pa.C.S. § 8304: Damages in actions on bad checks

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304

## Section

- **Citation:** 42 Pa.C.S. § 8304
- **Heading:** Damages in actions on bad checks
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 42 / Chapter 83 / Section 8304

## Text

(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. (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.

## Nearby sections

- [42 Pa.C.S. § 8301 Death action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301.md)
- [42 Pa.C.S. § 8302 Survival action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8302.md)
- [42 Pa.C.S. § 8303 Action for performance of a duty required by law.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8303.md)
- [42 Pa.C.S. § 8304 Damages in actions on bad checks.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304.md)
- [42 Pa.C.S. § 8305 Actions for wrongful birth and wrongful life.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8305.md)
- [42 Pa.C.S. § 8306 Defense against claim for injury sustained in utero barred.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306.md)
- [42 Pa.C.S. § 8307 Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307.md)
- [42 Pa.C.S. § 8308 Damages in actions on retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308.md)
- [42 Pa.C.S. § 8309 Civil rights violations.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8309.md)
- [42 Pa.C.S. § 8310 Damages in actions on thefts of leased property.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8310.md)
- [42 Pa.C.S. § 8311 Damages in actions for conversion of timber.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8311.md)
- [42 Pa.C.S. § 8312 Profits received as a result of commission of crime.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8312.md)
- [42 Pa.C.S. § 8313 Agricultural crop destruction.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8313.md)
- [42 Pa.C.S. § 8314 Assault with biological agent on animal, fowl or honey bees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304. Check the current official text before relying on it. Not legal advice.