8304 - Damages in actions on bad checks.

     § 8304.  Damages in actions on bad checks.        (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.