Georgia Complaint Against Drawer of Check that was Dishonored Due to Insufficient Funds (Bad Check)
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How to fill out Complaint Against Drawer Of Check That Was Dishonored Due To Insufficient Funds (Bad Check)?
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FAQ
All felony cases are prosecuted by an arrest warrant. The offense of Deposit Account Fraud is a felony where the check is for an amount in excess of five hundred dollars ($500.00) or where the check is drawn on an out of state bank, regardless of the amount of the check.
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.
Under California Penal Code Section 476a, the crime of writing a bad check while aware of insufficient funds with intent to defraud is punishable as a misdemeanor if the total amount of the checks written does not exceed $950.
Knowingly writing a bad check is an act of fraud and it's punishable by law. Criminal penalties for people who tender checks knowing that there are insufficient funds in their accounts can vary by state. Some states require an intent to commit fraud.
In Georgia, the statute of limitations is two years. This means that, if you are trying to collect on a bad check written to your business, you only have two years to collect the debt.
[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.
The offense of Deposit Account Fraud is a felony where the check is for an amount in excess of five hundred dollars ($500.00) or where the check is drawn on an out of state bank, regardless of the amount of the check. Also, arrest warrants can be issued for misdemeanor bad check cases.
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. Upon conviction, a Georgia court may sentence you to a year in prison, a fine approaching $1,000 or some combination of both penalties.