BAD CHECKS

 

The Maries County Prosecuting Attorney’s Office prosecutes persons writing or passing bad checks in Maries County and seeks to collect restitution.

 

You should deliver your “insufficient funds”, “account closed” and “Stop Payment” checks to the Prosecuting Attorney’s office after you have sent a letter to the check writer demanding payment within 10 days.  We require a complaint form and probable cause statement be completed on each of the checks.

           

If you find the check is returned to you for the reason of “Forgery,” you will need to refer the matter to the local police department and file a police report.  If you do go through the local police department, they will turn their report over to our office to seek criminal charges.

 

COMPLAINT FORM

Upon receipt of the check(s) from the bank, complete a Bad Check Information and Complaint Form, attach the bank-issued return check to the bottom left corner, and submit to this office after you have sent your ten-day letter.  If you do not want the maker of the check prosecuted, you should NOT bring the check to this office, but should consult your own attorney or private collection agency.  We suggest that you keep copies of all complaint forms and checks you turn over to our office for your records.  We cannot accept any pre-answered copied forms.  A Probable Cause Statement must be sent in on each check.  This is a statement of facts concerning the transaction, and is required under the state statues.  You may download and print a Bad Check Packet that is available on this site, complete and turn in your original signed copy along with the returned check.

 

We authorize a victim fee of up to $30.00 per check.  The bad check fee you have posted in your business should be indicated on the Complaint form.

 

LETTER

Upon receipt of the complaint form in our office, we will send out a “ten-day letter” to the individual who signed the check.  The check writer will have the opportunity to call and request an extension of up to ten more days.  If the check has not been paid before the due date, it will then go to the Prosecutor for review.  The Prosecutor will determine from the information on the complaint form whether charges will be filed.

 

FILING CHARGES

If charges are filed, it is very important that the person who accepted the check can positively identify the check writer or has verified the person’s driver’s license/social security number and date of birth from a photo ID.  If the case is set to go to trial, the witness will be subpoenaed to testify in court.

 

 

 

 

 

We will not prosecute checks in the following situations:

 

a.       If the person who accepted the check is unknown, not available, or hasn’t signed the complaint form.

b.      If the person who accepted the check cannot identify the check writer or did not verify the check writer’s driver’s license/social security number and date of birth by a photo ID.

c.       If you do not have a driver’s license/social security number and date of birth for the check writer.

d.      If you have made an agreement to take partial payments on the check.

e.       If you have an agreement between parties to hold the check.

f.        If the check was not dated correctly or was post dated.

g.       If the check is a two-party check.

h.       If the check is drawn on an out of state bank.

 

PAYMENTS

Do not accept payment of these checks once they have been turned over to our office.  If the check writer contacts you after you have turned the check over to us, you should direct them to make payment to our office.

 

By submitting complaint forms to our office you and your employees are attesting that your full cooperation will be given in the even that charges are issued.  This is including, but not limited to signing affidavits and appearing in court when necessary.

 

The key to efficiency of the system is the prompt delivery of these checks with completed complaint forms upon their return from the bank.

 

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