Was the check presented to the bank within 30 days from the date the check was written?
Was the demand letter sent within 90 days from the date of dishonor?
Other Things to Know About Filing for a Bad Check Citation
- You are not to receive any payments on the checks after you apply to the Magistrate Office for a criminal warrant or citation. If payment is accepted, you will be responsible for the dismissal fee.
- The Sheriff's Office serves all warrants and citations. After sixty days you may call the Magistrate Court at 770-528-8900 to find out the status of the warrant or citation.
- The crime occurred in the county in which the giving and receiving of the check took place.
- The Georgia Legislature writes the bad check laws. The Georgia Court of Appeals and the Georgia Supreme Court interpret these laws. The statute and the cases determine whether the Magistrate Court can issue a warrant or citation on a particular check. The Magistrate Court makes the final decision.
- You may be able to pursue a civil action even if a Magistrate turns down your request for a criminal warrant or citation.