Bounced Check

Discussion in 'Off-topic' started by seereus, Dec 6, 2010.

  1. seereus

    seereus Active Member

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    Had a client bounce a check on me for $2600+

    Are there any laws governing what is to be stated in a letter for demand of payment besides the Acct# and other relevant info?
     
  2. mb90535im

    mb90535im Well-Known Member

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    I believe that amount puts the offense in the "felony" category.

    See GA Code 16-9-20.

    It spells out what you should do.
     

  3. Viking

    Viking New Member

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    Make sure you follow the statute to the T -- and here is a form:

    VIA CERTIFIED MAIL
    RETURN RECEIPT REQUESTED

    Re: Bad Check

    Dear Mr./Ms./Mrs.

    You are hereby notified that the following instrument(s):

    Number Date Amount Name of Bank


    drawn upon ______________ and made payable to _____________________, (has) (have) been dishonored pursuant to Georgia law, you have ten days from the receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $___ and any fee charged to the holder of the instrument(s) by bank or financial institution as a result of the instrument(s) not being honored, the total amount due being ___________dollars and _____________cents. Unless the amount is paid in full within the specific time above, a presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or the district attorney or solicitor-general for criminal prosecution.

    /s/
     
  4. bdee

    bdee انا باتمان

  5. seereus

    seereus Active Member

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    Contacted the person.
    Claims the CK will be good after 2pm tomorrow.

    If it does not clear tomorrow, I guess I shall shoot off letter.
     
  6. budder

    budder Moderator Staff Member

    If it's in your contract, make sure you get them to pony up for the returned check fee. Even if it's not, I'd ask anyway.
     
  7. fmlaw1

    fmlaw1 Active Member

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    IIRC, OCGA allows for charges of the greater of $30.00 or 5% of the check amount, plus the amount of any fees charged to you by a bank or financial institution as a result of the instrument not being honored.

    If you have a written contract setting terms, even better.

    Some counties, like Cobb, have a good website indicating bad check prosecution procedures: http://www.cobbsheriff.org/operations/badchecks.htm

    Good luck.
     
  8. AeroShooter

    AeroShooter Active Member

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    Fire off the letter now to get that clock started.
     
  9. mathar1

    mathar1 New Member

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    I am glad you simply called them first. This time of year crap happens and it is not out of the realm of possibility the bank screwed it up. :righton:

    Having said that if the check bounces AGAIN then send the letter. If no response in the allotted time....file the charges with the Sheriff's dept. for deposit account fraud AND file a claim with the court for a civil action up to and including any liens you may need.
     
  10. elorei

    elorei New Member

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    Try the check tommorow, then send the letter (you can find a form for it on most county magistrate websites), then file criminal charges. Civil filings get you almost nowhere.

    This is not advice, this is what I would do.
     
  11. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    Maybe he needs that long to get out of the State?


    What's the date on the check?
     
  12. NTA

    NTA Well-Known Member

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    Do dates on checks matter ?
    I think not, banks ignore them, they mean nothing,

    but someone will correct me if that's wrong.
     
  13. budder

    budder Moderator Staff Member

    They are legally meaningless as far as I know, but that doesn't mean bank policy doesn't ascribe some magical quality to them if you try to cash a check in person.
     
  14. budder

    budder Moderator Staff Member

    They are legally meaningless as far as I know, but that doesn't mean bank policy doesn't ascribe some magical quality to them if you try to cash a check in person.
     
  15. seereus

    seereus Active Member

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    He's not going anywhere, his place of business has to many assets laying around to skip out on a bad check.

    I think he floated the check, hoping to have the deposit in the bank before the check was ran.

    He claimed he made a deposit Friday and that the bank placed a hold on the funds, his deposit, until tomorrow.
     
  16. fmlaw1

    fmlaw1 Active Member

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    They do. Post-dated check do not satisfy the standard for a bad check. Accept a post-dated check, and you cannot later pursue a bad check charge.

    It may be that by accepting the p-d check, you are thus extending credit, and knowingly took a check for which there existed insufficient funds.

    A bad check is being presented a check which you believe to have sufficient funds.

    (Just an observation. Do your own due-diligence.)
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Not for an antecedent debt.
     
  18. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    FMlaw:
    That's the way we did it back when I prosecuted felonies (including some bad check / Deposit Account Fraud) cases for the DA's office.

    It was explained to me just as you wrote above. If you accept a post-dated check, you're basically on notice that the check isn't good, but the person giving you the check promises that it will be good at some date in the near future.

    So your remedy is in civil law (sue 'em) not criminal law.
     
  19. Viking

    Viking New Member

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    One of the things I remember from Commercial Paper class (when I wasnt asleep) is that the date on the check really doesnt matter anyway. I dont know if this is still the law. Banks have their own policies when you can deposit or cash checks as well (obviously).

    Gunsmoker: when did you work for the DA's office? Where?
     
  20. seereus

    seereus Active Member

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    Would this suffice:

    Notice of Dishonored Check

    Mr.XYZ
    Address

    You are hereby notified that the following instrument(s)


    Number CK# 12345

    Acct# 123456789



    Date 11/22/10



    Amount $2,600.00 Two Thousand Six Hundred and Zero Cent

    Name of Bank Bank of No Payment

    drawn upon _Bank of No Payment_ _________ and payable to ____Seereus_______, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $__130.00______ and any fee charged to the holder of the instrument(s) by a bank or financial institution as a result of the instrument(s) not being honored, the total amount due being ___2,730.00_________ dollars and __0____ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor-general for criminal prosecution.

    Notice Issued By
    Signed By: Seereus
    Printed Name:
    Address:


    --------------------

    Question, In the portion of the sentence "drawn upon Bank of No Payment"

    Should that be the bank that I ran the check thru, or is that also meant to be the same bank as the Check was drawn off of?

    I arrived at the amount of 2,730.00 by adding 5% to the original amount, would the 5% be the correct amount to add?

    ???? If the guy offers a partial payment, and I accept, I have just turned this into a civil matter as opposed to a criminal matter correct?