Identification

• A bad check, also known as a "bounced check," is one that is written without enough money in an account to pay the check. This is known as "insufficient funds," and any resident of Georgia who knowingly writes such a check is in violation of the law.
  
  

Collecting

• You might need to pay a visit to the bank.
  
  When you're presented with a dishonored check, your options for trying to collect include criminal or civil prosecution. First, you must determine if the check is considered bad by the courts. If the check is not marked "Insufficient Funds" or "INSF" but is stamped "Refer to Maker" or "Endorsement Canceled," you will need to check with the bank. If the bank tells you the account had insufficient funds or was closed on the day the check was presented to you, get a letter from the bank stating that. By law, the bank must provide you with these details.
  
  

Before Court

• To pursue both criminal and civil prosecution the first step is to write and send, by certified mail, a "10-day letter," which notifies the person who wrote the check that the check was dishonored by his bank, that you are demanding payment and if payment isn't received within 10 days, you will seek legal remedy (see Resources). You have six months to present a bad check to the Magistrate Court.
  
  You must not have accepted full or partial payment for the check; the outstanding debt must be for the entire amount of the check. The bad check must not have been written to pay on an account, loan or installment, and the check cannot be a two-party or postdated check.
  
  

Going to Court

• The Magistrate Court will make the determination
  
  If the check's writer does not respond to your letter within the 10 day period, you can apply for a citation or warrant with the Magistrate Court. You will need to bring several items to court with you: the original bad check, a copy of both sides of the check, a copy of the 10-day letter with proof of certified mailing, a $10 fee for each check you wish to submit and any other documents you believe are relevant. The court will decide whether to issue a criminal bad check warrant or a citation.
  
  

Civil Remedy

• If your situation does not qualify for criminal prosecution, you can still seek payment for the check in a civil suit. Under certain conditions, you may be eligible for damages of two times the amount of the check, up to a maximum of $500, plus court costs. To qualify for the additional damages, you must send a letter via certified mail to the maker of the check demanding payment plus 25 percent of the amount of the original check or $25, whichever is greater. If the maker of the check does not pay you within 10 days of receipt of your letter, you are free to pursue civil court remedy in the county in which the check maker resides.