Consumer guide

Bad check laws in Pennsylvania

Key facts

  • Civil damages ruleAfter a bad-check conviction and failure to make full restitution, a payee may recover $100 or triple the check amount, whichever is greater, under 42 Pa.C.S. Section 8304(a).[1]
  • Criminal threshold amountA bad check under $200 is a summary offense; $200 or more is graded as a misdemeanor or felony under 18 Pa.C.S. Section 4105(c)(1) ($200).[2]
  • Felony threshold amountA bad check of $75,000 or more is a felony of the third degree under 18 Pa.C.S. Section 4105(c)(1)(v) ($75,000).[2]
  • Misdemeanor penaltyA bad check of $1,000 or more but less than $75,000 is a first-degree misdemeanor under 18 Pa.C.S. Section 4105(c)(1)(iv); $200 to $499 is third degree and $500 to $999 is second degree.[2]
  • Notice periodA payee must make written demand at least 10 days before commencing a civil action for damages under 42 Pa.C.S. Section 8304(b)(1) (10 days).[1]
  • Prosecution notice requirementAn issuer is presumed to know a check would not be paid if it was refused for lack of funds and the issuer failed to make good within 10 days after receiving notice of the refusal, under 18 Pa.C.S. Section 4105(b)(1)(ii).[2]
  • Statute citation18 Pa.C.S. Section 4105, bad checks[2]
  • Treble damagesDamages under 42 Pa.C.S. Section 8304 are the greater of $100 or triple the check amount, but may not exceed the check value by more than $500 (3 times).[1]

Lending rules in Pennsylvania: Pennsylvania lending laws.

Sources

  1. Pennsylvania General Assembly. 42 Pa.C.S. Section 8304, Damages in actions on bad checks.
  2. Pennsylvania General Assembly. 18 Pa.C.S. Section 4105, Bad checks.