Felony Bad Check Filing Procedures And Letter

IMPORTANT NOTICE TO FELONY BAD CHECK ARREST WARRANT APPLICANTS The applicant MUST present their valid picture I.D. when turning in this paperwork. There are NO EXCEPTIONS. Georgia State Law (O.C.G.A. §17-4-40) sets forth the procedure for the court to follow when someone who is not a police officer applies for the arrest of another person. That law requires the court to schedule the application for a hearing and notify the person whose arrest is sought about the hearing. A copy of your application will be provided to the accused. The judge will decide whether or not to issue an arrest warrant after the hearing. G Only felony bad checks are filed in Magistrate Court. Felony bad checks are checks written for $1,500.00 or more or checks drawn on out of state banks. If the check in question does not meet either of those requirements, you should request a bad check application from the Solicitor's Office. (O.C.G.A. §16-9-20(b)(1)(3)) You must have received the check in Clayton County. If you accepted a post-dated check, or if you have accepted any money toward payment of the check, do not file this application. You should seek legal advice. In order to file this application, you must have deposited the check within thirty (30) days from the date it was written. In order to file this application, the check must have been returned by the bank "NSF", "No Account", "Account Closed", or similar language. If the check is not marked with that language, you should seek legal advice. It is not criminal deposit account fraud to "Stop Payment" on a check and you should not file this application for a "Stop Payment" check. The Statutory Form Letter (see attached) must have been sent via certified mail to the person who signed the check and to the address on the check within ninety (90) days of the date the check was returned from the bank. Upon return of the letter, if no one signed for it, you may immediately file an application with the Magistrate Court. If the letter is signed for, you must wait ten (10) days for payment, before filing the application. When you file the application, you must present to the Clerk: (1) the original check or the LEGAL COPY provided by the bank; and (2) either the original green card showing that the form letter was signed for or the original envelope showing that the form letter was returned undeliverable. The Clerk will keep the original check and make copies of the green card or envelope and return the original(s) to you. You must bring the original green card or returned envelope to court on the hearing date as well as a copy of the form letter you sent. Applications may be filed in the Clerk's Office from 8:00a.m. - 5:00p.m. weekdays, excluding county-recognized holidays. G G G G G G G American LegalNet, Inc. www.FormsWorkFlow.com G State Law O.C.G.A. §15-10-82 (as amended by HB1055) sets a filing fee of $20.00 for each arrest warrant application you file. The fee is NON-REFUNDABLE. You must provide the full name, complete current address, complete date of birth and a physical description of the person whose arrest is sought. If you file an application without this information, the Judge will deny your application. If you are missing any of this information, you need law enforcement assistance. You must fill out a separate application for each bad check. If your application is denied or you dismiss it, you may not re-file on the same check. You do not have the right to see a Magistrate judge. This application can only result in the arrest and detention of a person for committing the criminal offense of deposit account fraud. It cannot result in an award of money to you. Employees in the Clerk's office, employees in the Judge's office, and the Magistrate judges themselves are prohibited by state laws and regulations from providing legal advice. If you have questions about your legal rights, legal remedies available to you, or what legal documents to file and where to file them, you must contact an attorney. G G G G G G I have read and understand the above information regarding arrest warrant applications. Signature of Applicant Date C:\Users\diane.christian\Documents\Magistrate Court\Arrest Package.Bad Check.wpd American LegalNet, Inc. www.FormsWorkFlow.com MAGISTRATE COURT OF CLAYTON COUNTY CITATION NO. CITATION/WARRANT NO. AFFIDAVIT/ APPLICATION FOR DEPOSIT ACCOUNT FRAUD ARREST WARRANT OR CITATION I hereby swear or affirm that the following information is true and correct to the best of my knowledge and belief and that I am making this affidavit/application so that a citation and/or arrest warrant may be issued for the accused/defendant: Name of person who signed check (Defendant): Address: City: Date of Birth: Social Sec. # Sex: Height: Weight: Identifying Marks: Employer: Phone(Home): Vehicle: Driver's Lic. #: Name of the Payee: Payee's Address: City: Check Received at: City: Check Received By: (Person who took Address: the check for Payee) State: Zip: Race: Hair: Eyes: Alias: (Work): Tag: Phone: , GA Zip: ,GA Zip: Phone: Check No. Da te Amount Date Presented to Bank Date Returned By Bank Date of Certified Letter Date Letter Received or Returned CHECK WAS GIVEN FOR: G MERCHANDISE G SERVICES G ACCOUNT G CASH G OTHER PRESENT CONSIDERATION: G CHILD SUPPORT G WAGES G DEBT G RENT G LOAN G YES G NO G G NO G NO G NO DAYS IS THE DATE ON THE CHECK DIFFERENT FROM THE DATE GIVEN? AT THE DEFENDANT'S REQUEST, THE CHECK WAS HELD: HAS DEFENDANT PAID ANY AMOUNT TOWARD RESTITUTION? WAS THE CHECK A THIRD PARTY CHECK? WAS THE CHECK RECEIVED IN CLAYTON COUNTY? The above information and the oral testimony subscribed and sworn to before me this day of , 20 . G NO REQUEST G YES G YES G YES Affiant/ Applicant/ Agent of Payee Print or Type Affiant's Name Judge/Clerk Citation Warrant ( ) Phone Number of Affiant G authorized G authorized G not authorized G not authorized American LegalNet, Inc. www.FormsWorkFlow.com A ccount C losed N o A ccount NSF DEMAND LETTER PURSUANT TO O.C.G.A. §16-9-20 Date: To: Name Address City, State, Zip Code From: Name Address City, State, Zip Code YOU ARE HEREBY NOTIFIED that the following check(s) or instrument(s) Check Number Check Date Check Amount Name of Bank drawn upon account number has/have been dishonored. and payable to Pursuant to Georgia Law, you have ten (10) days from the receipt of this notice to tender payment of the total amount of the check(s) or instrument(s) plus applicable service charge(s) as calculated below: $ $ Service Char