Stallings v. Coleman

In Stallings v. Coleman, 165 Ga. App. 667 (302 S.E.2d 412) (1983), the factual context presented to the court was similar to that presented here. In Stallings, the plaintiff was arrested on a bad check charge. Coleman followed the appropriate statutory procedures and sent the appropriate notice to Stallings. Nevertheless, there was evidence that when Stallings received the notice, he contacted Coleman's agent and informed her that the check was one which had been stolen from him. Nonetheless, a warrant for his arrest issued after he did not respond to the statutory notice. In determining that the immunity did not apply to the defendant, the Stallings court focused on the language of the statute. The court noted that for the immunity to attach, it must appear that the notice was sent and that, as now set forth in subsection (h), the holder of the check proceeded "under the forms of such notice." Thus, because there was evidence that Stallings gave the exculpatory information to the defendant's agent and because there was no showing that the defendant forwarded the information to the police, the court determined that the defendant had not shown his entitlement to the immunity. Id. at 668 (1). See also Wilson v. Wheeler's, Inc., 190 Ga. App. 250, 254-255 (2) (378 S.E.2d 498) (1989); Tallman v. Hinton, 220 Ga. App. 23, 25 (2) (467 S.E.2d 596) (1996).