Hello and thank you for your question.
Until I did the research I thought the answer was surely 'no' but
under the Georgia statute I'd suggest you call or visit your county
Civil and Magistrate Court and refer them to Georgia Code Section
16-9-51 (below). There's still a good chance they'll send you away,
but it's worth a try.
BACKGROUND
Ordinarily a civil claim will not involve the criminal justice system,
and even if a crime is committed, prosecution is in the discretion of
the prosecutor rather than something the wronged individual can
trigger.
But there are exceptions. The best-known exception in Georgia allows
a bank to trigger a criminal charge when it pays out money for a bad
check.
http://www.augustaga.gov/departments/civil_magistrate/home.asp
Bad Check Citations and Warrants
(Deposit Account Fraud)
"A criminal action may be brought against an individual for a bad
check provided the instrument meets the requirements of O.C.G.A.
16-9-20. The person issuing the check must receive something in
exchange immediately for the check. The person?s identity must be
confirmed at the time the check is issued. The check must be stamped
account closed or insufficient funds. The check cannot be issued more
than six(6) months prior to the prosecution, and a 10-day letter must
be sent to the accused within ninety(90) days of the date of the
check.
A fee of $10.00 is required."
The statute that gives the bank that right is
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-9-20
"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...."
CODE SECTION 19-9-51
I give you this background because there's another Georgia statute
under which you may have similar rights:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-9-51
16-9-51.
(a) Except as provided in subsection (b) of this Code section, a
person who destroys, removes, conceals, encumbers, transfers, or
otherwise deals with property subject to a security interest with
intent to hinder enforcement of that interest shall be guilty of a
misdemeanor.
(b) A person who destroys, removes, conceals, encumbers, transfers, or
otherwise deals with property subject to a security interest with
intent to hinder enforcement of that security interest and in so doing
does damage to such property in an amount greater than $500.00 shall
be guilty of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall be
considered as having been committed in any county where any act in
furtherance of the criminal scheme was done or caused to be done."
I haven't found any indication that the Civil and Magistrate Court has
granted a warrant to an individual under this section but as I say,
it's worth your checking with the Civil and Magistrate Court in your
county. Maybe they'll help!
Search terms used:
Georgia statutes
georgia sheriff self-help
"O.C.G.A. 16-9-20."
georgia Civil and Magistrate Court
Good luck and let us know how it goes!
Google Answers Researcher
Richard-ga |
