Terms Of Use California

Bad Check:

 

A person commits an offense if he issues or passes a check knowing that it will not honored by the drawee.  In any prosecution for theft by means of a bad check, the laws of the State of Pennsyvania presumes that an issuer knows that the check would not be paid if the issuer has no account at the drawee bank, or if the payment is refused for lack of funds, upon presentation within 30 days after issuance, and the issuer fails to make the check good within ten (10) days after receiving notice of that refusal. If a person is convicted of knowingly issuing a bad check, he may be ordered, in addition to any criminal penalties, to reimburse the payee the amount of the check, interest thereon at legal rate, and a service charge not to exceed $20 if a written notice of the service charge was conspicuously displayed on the payee's premises. Notice of refusal may be given to the issuer orally or in writing by any person. If notice is given by mail, it is presumed to have been received by the issuer if it was sent by registered or certified mail, regardless of whether a receipt was requested or returned, to the address printed on the check or, if none, then to the issuer's last known address. (18 Pa.C.S. § 4105.)

In a civil action to recover damages and costs following a conviction for passing a bad check and the issuer failed to make full restitution, the holder of the check may be entitled to recover damages in an amount equal to $100 or triple the amount of the bad check but not to exceed $500 the value of the check, whichever is greater.  These damages may be recovered only if a written demand was made to the issuer for the amount of the check not less than 10 days before commencing the civil action and the issuer failed to tender the amount as demanded.  If partial restitution has been made, the payee may only recover an amount not to exceed treble the amount of the unpaid restitution.   (42 Pa.C.S. § 8304.)

Links to Pennsylvania laws,  government agencies, and organizations are included here. Always discuss actual cases with your actual legal advisor or legal department. The Pennsylvania Bar Association is linked here.
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