2025 Georgia Codes – Page 95

(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes,
or delivers an instrument for the payment of money on any bank or other depository in exchange for a pres-
ent consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code
section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or
delivered;
(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and
the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon,
together with a service charge, within ten days after receiving written notice that payment was refused upon
such instrument. For purposes of this paragraph:
(A) Notice mailed by certified or registered mail or statutory overnight delivery evidenced by return receipt
to the person at the address printed on the instrument or given at the time of issuance shall be deemed
sufficient and equivalent to notice having been received as of the date on the return receipt by the person
making, drawing, uttering, executing, or delivering the instrument. A single notice as provided in subpara-
graph (B) of this paragraph shall be sufficient to cover all instruments on which payment was refused and
which were delivered within a ten-day period by the accused to a single entity, provided that the form of
notice lists and identifies each instrument; and
(B) The form of notice shall be substantially as follows:
“You are hereby notified that the following instrument(s)
Number Date Amount Name of Bank
______ ______ ______ _____________
______ ______ ______ _____________
______ ______ ______ _____________
______ ______ ______ _____________
______ ______ ______ _____________
drawn upon ________ and payable to ________, (has) (have) been dishonored. Pursuant to Georgia law,
you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s)
plus the applicable service charge(s) of $______ and any fee charged to the holder of the instrument(s) by
a bank or financial institution as a result of the instrument(s) not being honored, the total amount due being
________ dollars and ______ cents. Unless this amount is paid in full within the specified time above, a
presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishon-
ored instrument(s) and all other available information relating to this incident may be submitted to the
magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor-general
for criminal prosecution.”; or
(3) Notice mailed by certified or registered mail or statutory overnight delivery is returned undelivered to the
sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the
instrument or given by the accused at the time of issuance of the instrument.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code sec-
tion, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as follows:
(A) When the instrument is for less than $500.00, a fine of not more than $500.00 or imprisonment not to
exceed 12 months, or both;
(B) When the instrument is for $500.00 or more but less than $1,000.00, a fine of not more than $1,000.00
or imprisonment not to exceed 12 months, or both; or
(C) When more than one instrument is involved and such instruments were drawn within 90 days of one
another and each is in an amount less than $500.00, the amounts of such separate instruments may be
added together to arrive at and be punishable under subparagraph (B) of this paragraph.
(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person
convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than
$1,000.00 nor more than $1,499.99, shall be guilty of a misdemeanor of a high and aggravated nature.
When more than one instrument is involved and such instruments were given to the same entity within a 15
day period and the cumulative total of such instruments is not less than $1,000.00 nor more than $1,499.00,
the person drawing and giving such instruments shall upon conviction be guilty of a misdemeanor of a high
and aggravated nature.
(3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit
account fraud, when the instrument is for $1,500.00 or more, shall be guilty of a felony and, upon convic-
tion thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprison-
ment for not more than three years, or both.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code
section, in addition to any other punishment provided by this Code section, the defendant shall be required
to make restitution of the amount of the instrument, together with all costs of bringing a complaint under
this Code section. The court may require the defendant to pay as interest a monthly payment equal to 1
percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments
on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in
full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall
be determined by the court from competent evidence of costs provided by the party causing the criminal
warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Resti-
tution may be made while the defendant is serving a probated or suspended sentence.
(c) A person who commits the offense of deposit account fraud by the making, drawing, uttering, executing,
or delivering of an instrument on a bank of another state shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an
amount of up to $1,000.00, or both.
(d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code sec-
tion may seek extradition for criminal prosecution of any person not within this state who flees the state to
avoid prosecution under this Code section.
(e) In any prosecution or action under this Code section, an instrument for which the information required in
this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the
party issuing or executing the instrument and that the person was a party authorized to draw upon the named
account. To establish this prima-facie evidence, the following information regarding the identity of the party
presenting the instrument shall be obtained by the party receiving such instrument: the full name, residence
address, and home phone number.
(1) Such information may be provided by either of two methods:
(A) The information may be recorded upon the instrument itself; or
(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the
instrument. The check-cashing identification card shall be issued only after the information required in this
subsection has been placed on file by the receiving party.
(2) In addition to the information required in this subsection, the party receiving an instrument shall witness
the signature or endorsement of the party presenting such instrument and as evidence of such the receiving
party shall initial the instrument.
(f) As used in this Code section, the term:
(1) “Bank” shall include a financial institution as defined in this Code section.
(2) “Conviction” shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the
forfeiting of bail.
(3) “Financial institution” shall have the same meaning as defined in paragraph (21) of Code Section 7-1-4
and shall also include a national bank, a state or federal savings bank, a state or federal credit union, and a
state or federal savings and loan association.
(4) “Holder in due course” shall have the same meaning as in Code Section 11-3-302.
(5) “Instrument” means a check, draft, debit card sales draft, or order for the payment of money.
(6) “Present consideration” shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due;
(B) An obligation or debt of state taxes which is past due or presently due;
(C) An obligation or debt which is past due or presently due for child support when made for the support
of such minor child and which is given pursuant to an order of court or written agreement signed by the
person making the payment;
(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied;
and
(E) A written waiver of mechanic’s or materialmen’s lien rights.
(7) “State taxes” shall include payments made to the Georgia Department of Labor as required by Chapter 8
of Title 34.
(g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be
served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3.
(h)(1) Any party holding a worthless instrument and giving notice in substantially similar form to that provid-
ed in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such
notice and for proceeding as required under the forms of such notice; provided, however, that, if any person
shall be arrested or prosecuted for violation of this Code section and payment of any instrument shall have
been refused because the maker or drawer had no account with the bank or other depository on which such
instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reason-
able or probable cause even though he, she, or it has not mailed the written notice or waited for the ten-day
period to elapse. In any civil action for damages which may be brought by the person who made, drew,
uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status
of the instrument involved or of any collateral agreement with reference to the instrument shall be admis-
sible unless such statements, representations, or collateral agreement shall be written simultaneously with
or upon the instrument at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless instrument, who complies with
the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be
issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collec-
tion of the worthless instrument; provided, however, that if interest is awarded and collected on any amount
ordered by the court as restitution in the criminal case, interest shall not be collectable in any civil action
on the same amount. It shall be deemed conclusive evidence that any action is brought upon probable cause
and without malice where such party holding a worthless instrument has complied with the provisions of
subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due
to payment in full of the face value of the instrument and applicable service charges subsequent to the date
that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by
the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or
representations as to the status of the instrument involved or of any collateral agreement with reference to
the instrument shall be admissible unless such statements, representations, or collateral agreement shall be
written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges,
or fees on loans or credit extensions, any lender of money or extender of other credit who receives an instru-
ment drawn on a bank or other depository institution given by any person in full or partial repayment of a
loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored
by such institution, charge and collect from the borrower or person to whom the credit was extended a bad
instrument charge. This charge shall not be deemed interest or a finance or other charge made as an incident
to or as a condition to the granting of the loan or other extension of credit and shall not be included in deter-
mining the limit on charges which may be made in connection with the loan or extension of credit or any
other law of this state.
(j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $30.00 or 5
percent of the face amount of the instrument, whichever is greater, except that the holder of the instrument
may also charge the maker an additional fee in an amount equal to that charged to the holder by the bank or
financial institution as a result of the instrument not being honored.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless instru-
ment or by any subsequent holder in due course of any such worthless instrument.