When applying for a bad check citation or warrant, verify the following:
Was the check received in Cobb County?
If not, the applicant must take criminal action in the county where the check was received.
If the check was sent through the mail, it can be processed in the county in which the receiver's mailbox is located.
Is the check marked NSF or ACCOUNT CLOSED?
Make sure the check is stamped by the bank.
If the check is not run through the bank within 30 days from receipt, the applicant must file a civil suit in the county that the person resides in.
Was the check given for a present consideration?
Present consideration means that one person provides a service or product and the check is given at the time in return for that service or product.
For example, a carpet company installs carpet at a customer's home. If the customer pays at the time the service is performed, it is present consideration. If the customer mails the company a check after the intallation, it is not present consideration.
Was the check payment in full for the services or product received?
If the check was a partial payment or a payment on an account, the applicant must file a civil suit in the county where the accused resides.
A partial payment or payment on an account or existing debt is considered an extension of credit; therefore is not considered present consideration.
Was a demand letter sent?
Georgia law requires that a demand letter be sent to the debtor by certified, registered, or statutory overnight mail prior to commencing prosecution for bad checks.
Copies of the statutory demand letter provided for by Georgia law.
The demand letter must be sent to the individual who signed the check.
If the certified, registered, or statutory overnight delivery is unclaimed, it must remain unopened. You must present it to the court, just as you would if received the green certified card.
If the certified letter is signed for, you must wait 10 days from the date the debtor received the letter to commence prosecution.