The law department is often asked what the proper procedure
is for handling a "bad check." Following are the steps that should be followed
if one wishes to pursue criminal charges against an individual for writing a
bad check:
A letter must be written to the person who wrote the
bad check. If the check was a joint account check, then address the letter to
the person who signed the check.
The letter should include the
following: check information i.e. name
to whom check was written, date the check was written, check number, the amount
of the check; why the check was returned. (non-sufficient funds, closed
account, etc.); any charges or fees that you wish to collect; and notify the
check writer that they have ten (10) days from receipt of your letter to make full payment on the check,
including any charges or fees.
If the check writer makes no attempt to pay the
amount owed in the allotted time, then a report must be filed with the
appropriate law enforcement department for the jurisdiction in which the check
was received. Provide all of the above documents/information to that
department.
The law enforcement agency will conduct an
investigation of the matter. After the investigation has been completed and if
the person still has not paid for the check, criminal charges may be filed
against the individual.
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