Bad Check:

The State of Georgia imposes both civil and criminal penalties against any person who issues a bad check.

Under section 13-6-15 of the Official Code of Georgia, any person who issues a check which is refused by the drawee for lack of funds or because the maker has no account with the drawee, and fails to pay the face amount of the check in cash to the holder within ten (10) days after a written demand for payment has been delivered to him by certified mail is liabile to the holder, in addition to the face amount of the check, double the amount owed, but not to exceed $500.00, service charge not to exceed $25.00 or 5% of the check amount, whichever is greater, and any court costs incurred by the holder if legal action is taken.

The written notice required must be sent to the maker at the address shown on the bad check by certified mail, and substantially in the form provided under section 13-6-15(c), which is reproduced below for illustration purpose only:
 

•     "You are hereby notified that a check or instrument numbered  ___________, issued by you on _____________(date), drawn upon     ___________(name of bank), and payable to _______________________,     has been dishonored.  Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $___________.  Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action."

A person is presumed to have committed the offence of deposit account fraud if he issues a check knowing that it will not be honored by the drawee because he had no account with the drawee bank or if he had insufficient fund in his account within thirty (30) days of its presentation for payment and failed to tender to the holder the amount due and service charge within ten (10) days after receiving a written notice that the check is dishonored.  (Section 16-9-20.)  The form of notice must be substantially in the form provided under subsection (a)(1)(B) of Section 16-9-20 of the Official Code of Georgia and sent to the maker by certified or registered mail with return receipt.   Violation of this statute may subject the maker of the bad check to criminal prosecution of a misdemeanor if the amount of the instrument is less than $500.00, and of a felony if the amount is $500.00 or more.