If the check is not run through the bank within 30 days from receipt, you may not be able to file a criminal case. You may, however, be able to file a civil suit in the county where the accused resides.
If, for example, a company builds a deck on a customer’s house and the customer pays in full at the time the service is performed, it is a present consideration. If the customer mails the company a check after the deck is built, it is not a present consideration.
If the check is marked "Insufficient Funds (NSF)," or "Uncollected Funds," Georgia law requires that a demand letter meeting specified requirements be sent to the debtor by certified, registered, or statutory overnight mail prior to commencing prosecution for bad checks.
If the check is marked "Account Closed," "Not Found," or "Unable to Locate" a demand letter is recommended but not required.
The demand letter must be sent to the individual who signed the check.
If the certified, registered, or statutory overnight delivery is signed for, you must wait 10 days from the date the debtor received the letter to commence prosecution.
If the certified, registered, or statutory overnight delivery is unclaimed, it must remain unopened. You must present it to the court just as you would if you received the green certified card.
The Official Code of Georgia sets forth the following requirements for a demand letter:
The check number, date of issuance, check amount, and the name of the bank.
A demand for payment of the face value of the check. $20 or 5% of the face value of the check (whichever is greater) may be added. This amount is inclusive of warrant or citation and certified / registered mail fees.
A demand for payment of the check amount within 10 days of receipt of the letter.
Notice that criminal action may be taken against the debtor by the Magistrate Court , District Attorney, or Solicitor’s Office if the amounts are not paid.