What Happens if a Bad Check Is Turned Over to Magistrate Court?

When a bad check is written, most counties have a protocol in place to help the merchant recover restitution for the check. Depending upon the location, bad checks are reported to the county's district attorney office or to the local magistrate court. If the check is reported, the check writer could acquire a criminal record. Whether a criminal record results depends upon the actions of the check writer.

Merchant Involvement

Once a merchant turns a bad check over to magistrate court, he is no longer responsible for collecting payment. Each magistrate has its own rules regarding what the merchant can and cannot do. He may or may not be able to accept full payment for the debt. Partial payments are discouraged. If the merchant accepts a full or partial payment despite magistrate rules that disallow those actions, the court may dismiss his case.

Summons Issued

Once a bad check is turned over to the magistrate, the court issues a summons. The summons is a document advising the check writer of the worthless check charges pending against her. The summons details actions the check writer should take in order to pay off the check. The summons is delivered by local law enforcement, usually the sheriffs office.

Arrest Warrant Issued

If the check writer fails to pay restitution to the magistrate, along with any additional fees added by the court, he faces imprisonment. A warrant will be issued for his arrest. Jail time for a bad check varies and depends upon the state and the amount of the check. Bad checks resulting in misdemeanor charges can result in local jail confinement. Felony charges for writing a bad check can result in federal prison confinement. Once an arrest warrant is issued for a bad check, the check writer has two options. He must either post bail or pay full restitution for the check.

Avoiding the Magistrate

If a bad check is written, it is important to take action before magistrate court gets involved. In many states, a merchant is not allowed to report a check until he makes a reasonable attempt to collect payment. This entails sending written notification to the check writer and providing a deadline for restitution. If the check writer resolves the matter outside of magistrate court, she avoids having it documented on her criminal record.

References

• District Attorney's Office Seventeenth Circuit Court Of Mississippi: Bad Check Unit
• Montgomery County Alabama: District Attorney's Office: Worthless Check Unit
• National Check Fraud Center: Bad Check Laws By State
• Harris County Justice Of The Peace Courts: Bad Check Cases
• Georgetown County South Carolina: Magistrates
• Rockdale County Magistrate Court: Bad Check Information