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A Few Months ago I was in the throws of a Messy business break up. Where I was taken the partners of the LLC to court. Anyway a check was written and bounced. The person who the check was written to went and filed at the office. I got the letter with every means of fighting it. I don't mind paying the check at all. But from all I understand about bad checks, you cant not criminal prosecute on a check that you are asked to hold which I did. Your are not allowed to prosecute if the check is payment on an account. I have proof of what I am saying. So I found some papers today getting ready for taxes and found the letter from the mag, and it gave me 10days to pay or a arrest warrant would be issued. I don't mind paying the check at all but I want the warrant gone and the extra 100.00 they tacked on to the bill I will pay the amount of the check plus the return fee.
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Under Georgia law, once you receive a bad check, you are required to send a certified letter to the check issuer notifying them of the returned check and giving them ten (10) days to make good on the check, plus the bank charges before you can pursue criminal action against the check issuer. If the issuer of the check does not pay the funds within ten (10) days, then you can obtain a criminal warrant for "deposit account fraud". Once the warrant is issued, the recipient of the check can have the warrant dismissed upon receipt of payment. Otherwise, once the issuer of the check is arrested for deposit account fraud, the prosecuting authorities will take the case from there, and the recipient of the check becomes a witness for the state/victim.
Answered on Feb 15th, 2012 at 12:37 PM