Deposit Acct Fraud / Bad Checks

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Criminal Bad Checks
The Official Code of Georgia 16-9-20 states that a person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other deposit in exchange for a present consideration or wages, knowing that it will not be honored by the bank.

For the purpose of this code section, it is prima facia evidence that the accused knew that the instrument would not be honored if:
  • The accused had no account with the drawee (account closed)
  • Payment was refused by the drawee (the bank) for lack of funds upon presentation within 30 days of delivery (insufficient funds)

Present consideration means that one person provides a service or product and the check is given at that time in return for that product or service.

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