Authorization Letter Sample To Claim Money
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FAQ
Almost all "bad checks" are grounds for a civil lawsuit, but only some form the basis for criminal action. The law, as written by the General Assembly and interpreted by the Georgia Court of Appeals and Supreme Court, determines whether this Magistrate Court can issue a criminal warrant or citation.
A "10-Day Letter" is required on all bad checks eligible for criminal prosecution. The 10-day letter should be sent by certified mail as soon as possible and, in any event, must be sent within 90 days from the date you discovered the check was bad. The law (OCGA 16-9-20) provides a sample letter for Page 2 you to use.
If the check amount was $1,500 or more, then the holder of that check could face a felony charge, which carries a maximum fine of $5,000 and the chance of a maximum three-year imprisonment.
If convicted, you could face a $500 fine or a prison sentence of no more than 12 months. In some cases, check fraud defendants may face imprisonment and a fine. Now, say you passed a check of more than $500 but less than $1,000.
§ 16-9-20. In this section of the Georgia Code, a person may be accused of committing check fraud if they try to deposit a fraudulent check, withdraw funds from an account using a fraudulent check or otherwise try to use a check that is fraudulent in nature.
[1] Further, Georgia law provides penalties that may be imposed on any person who writes a check knowing that it will not be honored by the bank or credit union. O.C.G.A. § 16-9-20. This code section also sets out the procedures to follow if a consumer received a bad check.
You may be responsible for repaying the entire amount of the check. While bank policies and state laws vary, you may have to pay the bank the entire amount of the fraudulent check that you cashed or deposited into your account. You may have to pay overdraft fees.