The offense of Deposit Account Fraud is analogous to a theft of the item or services received through the fraudulent presentation of worthless paper when immediate payment is expected. Anything that temporally separates the exchange will negate the concept of present consideration. Present consideration includes:. What is the deposit account fraud bad check statute? Georgia has criminal charges for the issuance of a bad check. What reasons for dishonor of the check will support a criminal prosecution? The check must be dishonored by the drawee for one of two reasons:. There are many other reasons why a check may not be paid upon presentation.
However, only the reasons set forth in the statute will support a criminal prosecution. If the check has been dishonored for another reason you should review the availability of civil remedies for bad checks contained in this file. The statute sets forth a form letter that you may use. If you use another letter, it must substantially comply with the statutory form. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the instrument s with the intent to defraud, and the dishonored instrument s and all other available information relating to this incident may be submitted to the Magistrate for the issuance of a criminal warrant or citation or to the District Attorney or Solicitor-General for criminal prosecution.
Where are deposit account fraud cases tried? Cases prosecuted by citation are tried in the Magistrate Court, unless the accused demands a jury trial.
In that event, the case is transferred to the State Court for trial. Cases prosecuted by warrant are tried in the State Court if the offense is a misdemeanor or in the Superior Court if the case is a felony. Where should the offense of deposit account fraud be prosecuted?
Bad Check Information
The proper venue for the prosecution of the offense of Deposit Account Fraud is the County in which the check was presented. This is true regardless of where your home office may be located or where the person who tendered the check resides. Who do I sue? You should sue the maker of the check.
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This is generally the same person who gave you the check. However, in the case of a third-party check, it will be the person who actually wrote the check. Click through to find: A helpful arrangement of frequently used Cherokee County online resources Commonly requested forms and documents for a variety of departments and agencies Links to other sites and services often used by our residents. They are very different organizations Quick links to both the Paying your Taxes online and the Real Estate Search applications.
Magistrate Court. Are there forms that I must fill out? What should my letter say?
Is it illegal to post-date a check?
What damages can I recover? Keep a permanent record of home address of clerk who actually received check. This person will be an absolutely critical witness who must identify the person who made the check if the case goes to trial. Deposit all checks within thirty 30 days of receipt. Within ninety 90 days of receipt of check, mail certified demand letter to address given by maker of check.
Give maker of check at least ten 10 days and three 3 days for mailing before prosecuting criminally. Try to telephone accused and keep a record of your efforts. Make sure the check is actually one for present consideration.
Unusual situations such as: post-dating, stop payment, payment antecedent debt, prior dealings, agreement to hold check, forgery, often prevents the collection from proceeding under criminal prosecution. You may wish to seek legal counsel for further information. If management has received part payment, proceed to civil remedy only.
Proceed criminally for all checks that meet checklist in the county where the check was passed. Refer all persons to the Magistrate Court who want to payoff bad check charges after criminal prosecution begins. Dishonor of the Check - the check must be dishonored by the drawee who the check is made out to for one of the reasons set forth in the statute Knowledge by the maker of the check that it would not be honored Present Consideration - the check must have been given for present consideration.
Nationwide Multistate Licensing System (NMLS)
Post-dated check. A check with the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation. Stopped payment on a check - a check that was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally.
Payment of antecedent debt - a check that represents payment of an antecedent debt e. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented.
Deposit Account Fraud (Bad Checks) | Athens-Clarke County, GA - Official Website
Fourth degree forgery is a misdemeanor unless it is your third or subsequent conviction, then it becomes a felony with a 1 to 5 year prison sentence. Fraud crimes in Georgia consist of a variety of different fraud schemes. One of the most common forms of fraud is deposit account fraud, commonly called bad checks. Deposit account fraud occurs when someone writes a check that they know will be dishonored. There are some specific requirements that must be met in order to prosecute someone for deposit account fraud, such as the requirement that the person receive a demand letter for payment within a specific time frame.
The other forms of fraud in Georgia involve fraud related to hindering a security interest, deceptive business practices, and foreclosure fraud. Identifying information can be many things but most often in an identity fraud case the identifying information consist of names, social security numbers, account numbers, birth dates, and a variety of other information.
Identity fraud also occurs where someone fraudulently uses identifying information of someone under 18 who is under their control or by fraudulently using identifying information of a deceased person.