The check MUST be in exchange for present consideration, wages, rent past or presently due, state taxes, or child support. The check should have been deposited within thirty (30) days of accepting the check. The thirty (30) days shall begin on the first full day following receipt of the check.
A demand letter must be sent via certified mail and a return receipt must also requested, which is sent to the person/entity who wrote the check. This must then be mailed to the address on the check, or an address given at the time the transaction occurred. The letter must be mailed within 90 days of receipt of the check.
You must have received the check here in Gilmer County to prosecute.
The letter MUST contain of the following details:
- Check Number, Bank Amount, Check Date
- Allowance for the full 10 days
- Total amount including service charge (Service charge shall not exceed $30.00)
A Post-Dated Check can NOT be prosecuted criminally. A check written for a loan repayment or for an installment payment can NOT be Prosecuted criminally.
Should you desire the appropriate steps for collection/prosecution of a three-party check, please contact the Magistrate Office.
The check must be a PAYMENT IN FULL (NOT a PARTIAL payment) and has to have been received here in Gilmer County
Check has to be stamp Non-Sufficient Funds (NSF) or ACCOUNT CLOSED
*STOPPED PAYMENT cannot be prosecuted criminally as it is a CIVIL MATTER
You MUST send a certified letter to the last known address with a return receipt requested.
Letter is unclaimed
If you received the whole letter back, you can come in that day to file a bad check citation.
If you received just the green card, you must wait 10 days from the date that the person signed for it, because the letter is advising them that a citation will be issued. On the 11th day if there is no response from your letter, you can come to the Magistrate Office that day to file for a bad check citation.
You will need to bring in the following documents to the Magistrate Court:
- The check
- The green card or the whole letter
- A copy of the letter that was sent certified