|
ELIGIBILITY
Any person or business receiving a bad check in any state
is eligible to participate in the Bad Check Recovery Program.
The check must be returned to the victim by the bank with
one of the following statements: Non-sufficient funds, Closed Account, No.
Account, Unable to Locate Account, Refer to Maker.
INELIGIBLE BAD CHECKS
- Post dated checks. (Postdated checks constitute
promissory notes.)
- Checks held for an agreed time. (Checks held for an
agreed time period constitute credit to the check writer.)
- Stop payment checks
- Checks for which partial restitution has been received
- Checks which have been given to a private collection
agency for collection
- Third party checks
BAD CHECK RECOVERY PROCESS
The following requirements must be met before this office
can take action:
- When you receive a bad check, YOU must notify the
bad check writer by Certified mail giving them ten (10) days to make the check
good or you
will turn matter over to the Prosecutor’s Office.
- If the person does not make the check good within the
ten days, YOU should bring the following to the Prosecutor’s Office:
- the signed certified mail card OR the refused certified letter
- a copy of your letter
- the bad check
- a check made payable to the Treasurer of Hancock County for $10.00 per
case (this fee will be reimbursed to you with collection of the bad check)
- complete a REPORT OF BAD CHECK form obtained from this office
- When you bring the above information to this office, a
letter will be sent to the check writer. Our letter gives the check writer
fifteen (15) days to make restitution. This includes a $30.00 fee that will be
remitted to the victim for filing costs and expenses.
- If the restitution is not made you will be notified to
return to this office to sign documents for the Prosecutor to file Check
Deception charges.
PROTECT YOURSELF
- Record the check writer’s social security number,
driver’s license number and date of birth on the face of the check at the time
the check is issued and accepted. Make sure the check writer does not write
their own I.D. on the check.
- DON’T take counter checks. DON’T take two party checks.
These are not Prosecutable. DON’T take partial payment on a check. If you do,
it nullifies your right to criminal prosecution. DON’T take postdated checks.
- We urge you not accept checks from persons who live or
bank out of state. It is difficult to obtain bank records from another state.
In addition, extradition from other states is declined in Bad Check cases.
|
