Bad Checks Details
Criminal Offenses - The crime of Deposit Account Fraud, formerly "bad checks," can be a misdemeanor or felony offense. Since it is a criminal offense, the prosecutor is required to strictly comply with each and every one of the essential elements set forth in that code section. Failure to comply with any one of the statutory procedures may cause a denial or dismissal of the arrest warrant.
Civil Proceedings - Alternatively, the receiver of a "bad check" may choose to proceed to sue for damages in a civil proceeding. The reasons for this choice commonly include, a failure to meet the essential elements for a criminal action, a post-dated check, failure to strictly follow the statutory procedures, the person receiving the check did not witness the signature or simply the company/personal policy of the recipient. Damages for the face amount of the check, plus service charges, and in some instances, punitive damages of double the face amount of the check up to a maximum of $500.00 may be awarded.
The Magistrate Court, Criminal Division is located at 1302
Evelyn Avenue 31705. Telephone 229-302-3700..