Key facts
- Civil damages ruleFees and civil damages may be available under O.C.G.A. Section 13-6-15 to the payee of a check that is not honored due to lack of funds.[1]
- Felony penaltyFelony deposit account fraud carries a fine of $500 to $5,000, imprisonment of up to 3 years, or both, under O.C.G.A. Section 16-9-20(b)(3). Any conviction also requires restitution of the instrument amount plus the costs of bringing the complaint, with minimum costs of $25.[2]
- Felony threshold amountDeposit account fraud involving an instrument of $1,500 or more is a felony under O.C.G.A. Section 16-9-20(b)(3) ($1,500).[2]
- Misdemeanor penaltyDeposit account fraud involving an instrument under $500 carries a fine of up to $500, imprisonment of up to 12 months, or both; $500 up to $1,000 carries a fine of up to $1,000, imprisonment of up to 12 months, or both; and $1,000 to $1,499.99 is a misdemeanor of a high and aggravated nature, under O.C.G.A. Section 16-9-20(b).[2]
- Statute citationO.C.G.A. Section 16-9-20[1]
Lending rules in Georgia: Georgia lending laws.
Sources
- Georgia Department of Banking and Finance. Bad Checks.
- Georgia General Assembly. Georgia House Bill 1176 (2012, as passed House and Senate), Section 3-6, which quotes the operative text of O.C.G.A. Section 16-9-20(b), deposit account fraud, as amended.