Bad Checks
On this page, you will find all the necessary bad check instructions and forms for the Decatur Magistrate Court in Bainbridge, Georgia.
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What is a Bad Check?
Deposit account fraud: commonly referred to as writing a bad check, occurs when a check is written without sufficient funds in the bank to cover it or when it is written on a closed account. While many bad checks can lead to civil lawsuits, some instances may warrant criminal action.
Jurisdiction: The Magistrate Court handles the issuance of warrants for the offense of deposit account fraud (bad checks). The appropriate venue for prosecuting the offense of deposit account fraud is the county in which the check was delivered.
Filing Fee: The filing fee is $20 per warrant. Multiple checks from the same defendant that are less than $100 and within 90 days of each other may be processed on the same warrant for no additional fee.
Venue: For the prosecution of the offense of deposit account fraud is the county in which the check was delivered.
Appeal: An appeal must be filed within 10 days of the judgment by the losing party.
Procedure for filing a bad check
The Clerk of Magistrate Court provides forms required for a bad check warrant. An applicant may appear in person in the office of the Clerk of Magistrate Court to complete the paperwork. All forms mailed must be completely filled out, properly signed and notarized.
Forms and Paperwork:
The Clerk of Magistrate Court provides the necessary forms for a bad check warrant. Applicants may appear in person at the Clerk’s office to complete the paperwork. All mailed forms must be fully completed, properly signed, and notarized.
Identification of the Defendant
Since the application may result in the issuance of an arrest warrant, proper identification of the defendant is required. The applicant must provide at least one of the following identifiers for the defendant:
- Date of birth
- Social security number
- Driver’s license number
Required Documentation
To pursue criminal action, the following documentation must be provided at the time of filing with the Magistrate Clerk:
- The original bad check from the bank
- A copy of the 10-day letter that was mailed certified to the customer
- Certificate of Notification (used to certify that the 10-day letter was mailed)
- Certified receipts or the returned certified letter
- A completed Bad Check Application
- $20.00 for each check submitted that is over $100 each
Statute of Limitations
The statute of limitations for deposit account fraud is:
Two (2) years for a misdemeanor
Four (4) years for a felony (checks over $500.00 or out-of-state checks are considered felonies)