GENERAL INFORMATION AND PROCEDURE FOR BAD CHECKS

FIRST AND FOREMOST: Cashing a check is a privilege. Insist upon proper identification.

These instructions and information will assist you and the Prosecuting Attorney's Office in efficiently handling bad checks. If you do not want the maker of the check prosecuted, you should NOT bring the check to the Prosecuting Attorney's Office, but should consult your own attorney or private collection agency.

What to Look for When Receiving Checks

You should train your staff to look for the following when accepting checks. This could be the difference in accepting a bad check (including a forged check) or one that will clear the bank.

  1. Look at the date that is written on the check and make sure that it is correct.
  2. Make sure the address and phone number printed on the check is correct and current.
  3. Ask for I.D. The main source of I.D. that we will need for our collection procedures, or to prosecute, is the driver’s license. Asking for this one I.D., you can get 3 of the most important numbers we need to proceed in our office.
    1. Write down the Driver’s License number including the state it was issued in.
    2. Write the Date of Birth on the check.
    3. Write the Social Security Number if different from the Driver’s License number.
    4. If the I.D. contains a photograph, compare the photograph with the person writing the check. If it appears to be the same person, make a notation on the check to indicate that the person matched the photograph on his or her license, e.g., simply abbreviate, “pml”, which stands for “person matches license”.
  4. Compare the signatures.

We know that it may be difficult for you to ask regular customers for this information each time they write a check, so we suggest that you keep a card file with all of this information on it. Also, information such as their place of employment, and any additional identification that you may ask for could be helpful.

Procedure

Upon receipt of check(s) from your bank, complete a Bad Check Information and Complaint Form, attach the check and submit immediately to this office. To download this form in Adobe PDF format, click here.

Do not accept any payment after the check is submitted to this office. If payments are mailed to you, you must bring such payments to the Prosecuting Attorney's Office immediately.

If this office does not receive payment, we will then determine if criminal charges can be filed and sustained. If charges are filed, it is your duty to cooperate and come to Court and testify, if necessary.

In the event of a conviction, should the Court order restitution, it will be paid to the Circuit Clerk and distributed to all victims when the total amount due has been collected. Should a defendant pay restitution prior to his or her court appearance, it will be collected in this office and sent directly to you.

Absent unusual facts, we will not prosecute checks in the following situations:

  1. If person who accepted check is unknown or not available.
  2. If person who accepted check cannot identify check writer.
  3. If the check writer's date of birth, social security number or drivers' license number are all unknown.
  4. If the check is more than 90 days old.
  5. If you have an agreement to take partial payments on check.
  6. If you have an agreement to hold the check.
  7. If the check is not dated or was post-dated.
  8. If the check is a two-party check.

Requirements

  1. Get one or more of the following:
    1. Date of birth.
    2. Social Security number.
    3. Drivers License number, including State of issuance.
  2. Require check to be written in your presence.
  3. Check must be legible.
  4. Require current address.
  5. Checks taken by employees should always be initialed.
  6. DO NOT ACCEPT OUT OF STATE CHECKS unless you are willing to assume the risk of loss.

Please contact the Prosecuting Attorney's Office if you have any questions or if we can help you in any way.

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