Magistrate Court | Cherokee County, GA - Where Metro Meets the Mountains

RETAILERS PROCEDURES FOR CRIMINAL PROSECUTION OF BAD CHECKS

Magistrate Court is where bad check issues are processed. Bad checks cost merchants hundreds of thousands of dollars. There are both civil and criminal remedies available to a person or business that has received a bad check, and the following FAQs may assist you in determining whether to proceed civilly or criminally.

Both the civil and criminal remedies are provided by statute and must be strictly complied with in every instance. The Court may have to deny a person or business a remedy to which they should be entitled because of failure to follow statutory procedures.

In criminal cases, failure to comply with any of the statutory procedures requires the Court to deny the warrant or citation. By following the format set forth in the Code, there should be no problem meeting the bad check criteria.

The new Bad Check Citation mechanism allows the Magistrate Court, together with the Solicitor's office, Sheriff's Department and Police Department to help you protect your rights and collect the sums of money that relate to criminal bad checks. However, this is a criminal proceeding and you have the burden of proof beyond a reasonable doubt to make your case.

The Code Section(s) present the mechanism(s) for you to follow to make your case to meet that burden. In the event, however, there is a failure to set out sufficient grounds for a criminal prosecution, you may always file a civil suit against the maker of the check for the dollar amount due you, plus service charges and Court costs.

 
 
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