Re: Bounced auto pay results in warrent for arrest?

Posted by tim (143.183.121.1) on August 20, 2002 at 04:51:15:

In Reply to: Re: Bounced auto pay results in warrent for arrest? posted by frankie on August 20, 2002 at 01:22:09:

Looks like I'm calling that attorney in Georgia tomarrow to find out what Statues they are reading from. If I get some BS story then I'm turning them in. Here is what the Georgia State Statues say about bouncing a check
13-6-15 G
*** CODE SECTION *** 12/03/01

13-6-15.

(a) Notwithstanding any criminal sanctions which may apply, any
person who makes, utters, draws, or delivers any check, draft, or
order upon any bank, depository, person, firm, or corporation for
the payment of money, which drawee refuses to honor the instrument
for lack of funds or credit in the account from which to pay the
instrument or because the maker has no account with the drawee, and
who fails to pay the same amount in cash to the payee named in the
instrument within ten days after a written demand therefor, as
provided in subsection (c) of this Code section, has been delivered
to the maker by certified mail or statutory overnight delivery shall
be liable to the payee, in addition to the amount owing upon such
check, draft, or order, for damages of double the amount so owing,
but in no case more than $500.00, and any court costs incurred by
the payee in taking the action.

(b) The payee may charge the maker of the check, draft, or order a
service charge not to exceed $25.00 or 5 percent of the face amount
of the instrument, whichever is greater, plus the amount of any fees
charged to the holder of the instrument by a bank or financial
institution as a result of the instrument not being honored, when
making written demand for payment.

(c) Before any recovery under subsection (a) of this Code section
may be claimed, a written demand in substantially the form which
follows shall be sent by certified mail or statutory overnight
delivery to the maker of the instrument at the address shown on the
instrument:

"You are hereby notified that a check or instrument numbered
___________, issued by you on ______________(date), drawn upon
___________(name of bank), and payable to _______________________,
has been dishonored. Pursuant to Georgia law, you have ten days
from receipt of this notice to tender payment of the full amount
of the check or instrument plus a service charge of $25.00 or 5
percent of the face amount of the check or instrument, whichever
is greater, plus the amount of any fees charged to the holder of
the instrument by a bank or financial institution as a result of
the instrument not being honored, the total amount due being
$___________. Unless this amount is paid in full within the
ten-day period, the holder of the check or instrument may file a
civil suit against you for two times the amount of the check or
instrument, but in no case more than $500.00, in addition to the
payment of the check or instrument plus any court costs incurred
by the payee in taking the action."

(d) For purposes of this Code section, the holder of the dishonored
check, draft, or order shall file the action in the county where the
defendant resides.

(e) It shall be an affirmative defense, in addition to other
defenses, to an action under this Code section if it is found that:

(1) Full satisfaction of the amount of the check or instrument
plus the applicable service charge and any fees charged to the
holder of the instrument by a bank or financial institution as a
result of the instrument not being honored was made prior to the
commencement of the action;
(2) The bank or depository erred in dishonoring the check or
instrument; or

(3) The acceptor of the check or instrument knew at the time of
acceptance that there were insufficient funds on deposit in the
bank or depository with which to cause the check or instrument to
be honored.

(f) In an action under this Code section, the court or jury may,
however, waive all or part of the double damages upon finding that
the defendant's failure to satisfy the dishonored check or
instrument was due to the defendant receiving a dishonored check or
instrument written to the defendant by another party.

(g) Subsequent to the commencement of the civil action under this
Code section, but prior to the hearing, the defendant may tender to
the plaintiff as satisfaction of the claim an amount of money equal
to the sum of the amount of the dishonored check, service charges on
the check, any fees charged to the holder of the instrument by a
bank or financial institution as a result of the instrument not
being honored, and any court costs incurred by the plaintiff in
taking the action.

(h) In an action under this Code section, if the court or jury
determines that the failure of the defendant to satisfy the
dishonored check was due to economic hardship, the court or jury has
the discretion to waive all or part of the double damages. However,
if the court or jury waives all or part of the double damages, the
court or jury shall render judgment against the defendant in the
amount of the dishonored check plus service charges on the check
plus any fees charged to the holder of the instrument by a bank or
financial institution as a result of the instrument not being
honored and any court costs incurred by the plaintiff in taking the
action.

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