How to Collect a Bad Check in South Carolina
- 1). Send a letter, via certified mail, to the issuer of the bad check to advise her bank that the check did not clear for payment. The letter should state the amount of the check, the date the check was presented to the bank and the reason the check did not clear. The letter must also state that you are demanding payment for the check plus a $20 service fee for the returned item. Advise the check issuer that she has 10 days to make good on the payment or face criminal prosecution.
- 2). Allow the issuer of the bad check 10 days to submit payment for the goods/services she received. If the check issuer does not oblige your request, proceed with criminal prosecution.
- 3). Visit the County Magistrate's office for the county where you received the check. Complete the “Application For Fraudulent Check Warrant.” You must present the Magistrate's office with a copy of the bad check and a copy of your certified mail receipt.
- 4). Allow the Magistrate's office to proceed with the collection efforts for the bad check. The Magistrate's office will issue an arrest warrant for the check issuer. The check issuer will then face arrest and a court hearing regarding the bad check that was written. If the check issuer is able to post bail, she may be released from jail until her court hearing.
- 5). Accept payment from the check issuer if she wants to submit payment in full to you before her scheduled court hearing. You can then contact the Magistrate's office and drop the charges against the check issuer. You can only request that charges be dropped if there is 24 hours or more remaining before the scheduled court date.