Georgia’s state has laws against the writing of bad checks along with civil and criminal penalties for the individual writing the check.
Some other common terms to describe a bad check are dishonored counterfeit checks, bogus checks, bounced checks, inadequate checks, NSF checks, rubber checks and fraudulent checks.
In accordance with Section 3-104(2)(b) of the Uniform Commercial Code (UCC) — Some bad checks are normally exempt from legal punishment including checks which aren’t payable until a later time. Most states don’t contemplate postdating checks as a fraudulent or criminal action.
Checks used to pay debts may also be usually exempt from state laws regulating deposit account fraud. Nevertheless, bad checks may be penalized by some laws for COD orders.
Civil And Criminal Penalties — Georgia
The primary difference between criminal and civil violations lies in the intention of the one who issues the bad check. Under Georgia state law, if someone issues issues a bad check understanding the bank or other association wouldn’t honor it for another motive (such as a closed account) or there were insufficient funds, then this is a criminal misdemeanor unless the bank or other association committed an error or the payee understood upon taking the check that there were insufficient funds.
Georgia law says that any check where the individual is unable or refuses to honor payment (defendant lacks credit or funds with no explanation for not honoring the check) is liable. When written demand is demanded by the payee in Georgia — fees should be included by the payee with the written demand for payment delivered by certified mail. The payee can also charge the check issuer a service charge not exceeding $25.00 or five percent of the check, along with any fees billed to the payee by a bank or financial institution due to the dishonored check. These fees should be included by the payee with the written demand for payment delivered certified mail or by overnight delivery.
If the defendant lacks funds and has no explanation for not honoring the check or if the defendant isn’t competent to pay the sum of the check within 10 days after a written request by the payee, the defendant is liable for the sum of the check plus damages up to double that sum up to but not exceeding $500.00.
Georgia Penalties – Disclaimer: Please check with you state attorney general’s office or private attorney for the most up to date laws.
Defendants may additionally must pay court costs if convicted to the other punishments in addition. The court may levy a monthly interest rate equivalent to one percent of the check sum.
Under Georgia law a deposit account fraud violation is usually a misdemeanor and is punishable as follows:
— For checks less than $100.00, the fine may not exceed $500.00 or imprisonment not exceeding 12 months, or both.
— For checks greater than $100.00, a fine not exceeding $1,000.00 or imprisonment not exceeding 10 months, or both; or
Note: Bad checks between $300.00 and $499.99 are misdemeanors of “high and aggravated nature.”
— In situations affecting greater than one check with all drawn within 90 days of each other, and the sum totals less than $100.00, the sums of each check can be added to arrive at a punishment.
— Bad checks exceeding $500.00 are felonies and are punishable by fines between $500.00 and $5,000.00 or by imprisonment not exceeding three years, or both.
— If the defendant committed the violation using a bank from another state, it’s can be considered a felony and is punishable by incarceration between one year and five years, or by a fine up to $1,000.00, or both.
— If a defendant flees the state, the state may seek extradition for criminal prosecution.
To locate the most recent Georgia laws please assess your state statues that are present.