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1. Was the check received in Roswell?

If not, criminal action must be taken in the city or county where the check was received.

If the check was sent through the mail, it can be processed in the city or county where the receiver’s mailbox is located.

2. Was the check marked NSF or ACCOUNT CLOSED?

Make sure the check is stamped by the bank.

If the check is not run through the bank within 30 days from receipt, you may not be able to file a criminal case. You may, however, be able to file a civil suit in the county where the accused resides.

3. Was the check payment in full for the product or service received?

If the check was a partial payment or a payment on a loan, a credit account, or on an existing debt, it is considered an extension of credit, and not a present consideration.

Post-dated checks or agreements to hold a check knowing the funds are not available at the time, are also not a present consideration.

These situations will usually not facilitate a criminal warrant. You may file a civil suit in the county where the accused resides.

4. What is an example of present consideration?

If, for example, a company builds a deck on a customer’s house and the customer pays in full at the time the service is performed, it is a present consideration. If the customer mails the company a check after the deck is built, it is not a present consideration.

5. Do I need to send a demand letter?

If the check is marked "Insufficient Funds (NSF)," or "Uncollected Funds," Georgia law requires that a demand letter meeting specified requirements be sent to the debtor by certified, registered, or statutory overnight mail prior to commencing prosecution for bad checks.

If the check is marked "Account Closed," "Not Found," or "Unable to Locate" a demand letter is recommended but not required.

The demand letter must be sent to the individual who signed the check.

If the certified, registered, or statutory overnight delivery is signed for, you must wait 10 days from the date the debtor received the letter to commence prosecution.

If the certified, registered, or statutory overnight delivery is unclaimed, it must remain unopened. You must present it to the court just as you would if you received the green certified card.

6. What does Georgia law require in the demand letter?

The Official Code of Georgia sets forth the following requirements for a demand letter:

• The check number, date of issuance, check amount, and the name of the bank.


• A demand for payment of the face value of the check. $20 or 5% of the face value of the check (whichever is greater) may be added. This amount is inclusive of warrant or citation and certified / registered mail fees.


• A demand for payment of the check amount within 10 days of receipt of the letter.


• Notice that criminal action may be taken against the debtor by the Magistrate Court , District Attorney, or Solicitor’s Office if the amounts are not paid.

7. What documentation is needed to commence prosecution?