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Bad Checks

This is a specialty page created by the Magistrate Court office to further define certain aspects of their mission or to provide space to report on special projects and initiatives. To return to the department main page, simply click here.
 
What should my letter say (SEE SAMPLE COLLECTION LETTERS)?

The statute sets forth a form letter that you may use. If you use another letter, it must substantially comply with the statutory form.

SAMPLE:  Bad Check Letter - Criminal Issue:

You are hereby notified that the following instrument(s) drawn upon ____________________________and payable to ________________________ (has/have) been dishonored.  Pursuant to Georgia Law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $30.00, the total amount being $______ dollars and _____cents.  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.

Sincerely,

SAMPLE: Bad Check Letter - Civil Issue

You are hereby notified that a check or instrument numbered_________ issued by you on  __________ (date), drawn upon ________________________ (name of bank) and payable to ________________________________ has been dishonored.  Pursuant to Georgia law, you have 30 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $30.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the amount being $ ____________ dollars and ___________ cents.  Unless this amount is paid in full within the 30 day period, the holder of the check or instrument may file suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.

Sincerely,

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