Magistrate Court

Putnam County



Magistrate Court Bad Checks
What steps should be taken to insure a bad check can be collected?


A. Be sure clerks have followed all items on this checklist.

B. Keep permanent record of home address of clerk who actually received check. This person will be an absolutely critical witness who must identify the person who made the check if the case goes to trial.

C. Deposit all checks within thirty (30) day of receipt.

D. Within ninety (90) days of receipt of check, mail certified demand letter to address given by maker of check. Give maker of check at least ten (10) days and three (3) for mailing before prosecuting criminally. You need not wait for actual receipt of notice. Try to telephone accused and keep record of your efforts.

E. Is this check actually one for present consideration?

F. Are there any defenses, including, but not limited to: post-dating, stop payment, payment antecedent debt, prior dealings, agreement to hold check, forgery, refer to maker?

G. Has management received part payment? If so, proceed civil remedy only.

H. Make photocopies of check (front and back), ten (10) day demand letter, certified mail notice, and/or envelope mailed to maker if return unclaimed.

I. Proceed criminally for all checks that meet checklist in the county where the check was passed.

J. Proceed civilly against all other checks. (Magistrate Court, if $15,000.00 or less) in the county where the Defendant lives.

K. Refer all persons who want to payoff bad check after criminal prosecution has begun to Magistrate Court Criminal Division - (706-485-4306)

.L. Warrant fee $10.00. returned check fee $30.00.

The source of this information may be internal or external to the Putnam County Clerk of Courts. The Putnam County Clerk of Courts makes all reasonable efforts to verify this information. However, the information provided in this document is for your information only. The Clerk of Courts makes no explicit or implied claims to the validity of this information.

All information stated in this document was provided by the author. Please consult the author with any inquires pertaining to this document.

Copyright 2003-2006 Putnam County Magistrate Court. All Rights Reserved.