Bad Checks

The Department does not have jurisdiction or enforcement authority over individuals who write bad checks. However, under Georgia law, fees and civil damages may be available to the payee of a check that is not honored due to lack of funds. O.C.GA. § 13-6-15.[1] Further, Georgia law provides penalties that may be imposed on any person who writes a check knowing that it will not be honored by the bank or credit union.  O.C.G.A. § 16-9-20. This code section also sets out the procedures to follow if a consumer received a bad check.

The Office of the Comptroller of the Currency has published guidance to help consumers protect themselves from overdraft and bounced check fees, available at www.occ.gov/news-issuances/news-releases/2004/nr-ia-2004-95a.pdf.

 

[1] To access this law or any part of the Georgia Code, please visit the Georgia General Assembly and type in the relevant Code Section (e.g., “13-6-15”) into the provided search bar. (Links off-site)

The Code is provided by the State of Georgia from the Georgia General Assembly's website. In viewing the Code, please be aware that legislation passed during the most recent legislative session may not yet be posted on LexisNexis.