Many people ask what to do when someone gives you a bad check. Of course, you can always sue to person. If they do not have enough money to make their check good, what do you think your chances of collecting are?
Try reading this.
? 4105. Bad checks.
(a) Offense defined.--
(1) A person commits an offense if he issues or passes a
check or similar sight order for the payment of money,
knowing that it will not be honored by the drawee.
(2) A person commits an offense if he, knowing that it
will not be honored by the drawee, issues or passes a check
or similar sight order for the payment of money when the
drawee is located within this Commonwealth. A violation of
this paragraph shall occur without regard to whether the
location of the issuance or passing of the check or similar
sight order is within or outside of this Commonwealth. It
shall be no defense to a violation of this section that some
or all of the acts constituting the offense occurred outside
of this Commonwealth.
(b) Presumptions.--For the purposes of this section as well
as in any prosecution for theft committed by means of a bad
check, the following shall apply:
(1) An issuer is presumed to know that the check or
order (other than a post-dated check or order) would not be
paid, if:
(i) payment was refused because the issuer had no
such account with the drawee at the time the check or
order was issued; or
(ii) payment was refused by the drawee for lack of
funds, upon presentation within 30 days after issue, and
the issuer failed to make good within ten days after
receiving notice of that refusal.
Notice of refusal may be given to the issuer orally or in
writing by any person. Proof that notice 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,
shall raise a presumption that the notice was received.
(2) A check or order stamped "NSF" or "insufficient
funds" shall raise a presumption that payment was refused by
the drawee for lack of funds.
(3) A check or order stamped "account closed" or "no
such account" or "counterfeit" shall raise a presumption that
payment was refused by the drawee because the issuer had no
such account with the drawee at the time the check or order
was issued.
(c) Grading.--
(1) An offense under this section is:
(i) a summary offense if the check or order is less
than $200;
(ii) a misdemeanor of the third degree if the check
or order is $200 or more but less than $500;
(iii) a misdemeanor of the second degree if the
check or order is $500 or more but less than $1,000;
(iv) a misdemeanor of the first degree if the check
or order is $1,000 or more but is less than $75,000; or
(v) a felony of the third degree if the check or
order is $75,000 or more.
(2) When the offense is a third or subsequent offense
within a five-year period, regardless of the amount of the
check or order and regardless of the grading of the prior
offenses, an offense under this section is a misdemeanor of
the first degree unless the amount of the check or order
involved in the third or subsequent offense is $75,000 or
more, then the offense is a felony of the third degree.
(d) Venue.--An offense under subsection (a) may be deemed to
have been committed at either the place where the defendant
issues or passes the bad check or similar sight order for the
payment of money or the place where the financial institution
upon which the bad check or similar sight order for the payment
of money was drawn is located.
(e) Costs.--Upon conviction under this section the sentence
shall include an order for the issuer or passer to reimburse the
payee or such other party as the circumstances may indicate for:
(1) The face amount of the check.
(2) Interest at the legal rate on the face amount of the
check from the date of dishonor by the drawee.
(3) A service charge if written notice of the service
charge was conspicuously displayed on the payee's premises
when the check was issued. The service charge shall not
exceed $20 unless the payee is charged fees in excess of $20
by financial institutions as a result of such bad check or
similar sight order for the payment of money. If the payee is
charged fees in excess of $20, then the service charge shall
not exceed the actual amount of the fees.
Now re-read this section:
(ii) payment was refused by the drawee for lack of
funds, upon presentation within 30 days after issue, and
the issuer failed to make good within ten days after
receiving notice of that refusal.
Notice of refusal may be given to the issuer orally or in
writing by any person. Proof that notice 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,
shall raise a presumption that the notice was received.
Send the notice and then go to the District COurt to file or for larger checks to the police.
