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Bad Checks

This is a specialty page created by the Magistrate Court office to further define certain aspects of their mission or to provide space to report on special projects and initiatives. To return to the department main page, simply click here.
 
What steps should be taken to insure a bad check can be collected?

Be sure clerks have followed all items on this checklist.
   1. Keep a permanent record of home address of clerk who actually received check. This person will be an absolutely critical witness who must identify the person who made the check if the case goes to trial.
   2. Deposit all checks within thirty (30) days of receipt.
   3. Within ninety (90) days of receipt of check, mail certified demand letter to address given by maker of check. Give maker of check at least ten (10) days and three (3) days for mailing before prosecuting criminally. Try to telephone accused and keep a record of your efforts.
   4. Make sure the check is actually one for present consideration.
   5. Unusual situations such as: post-dating, stop payment, payment antecedent debt, prior dealings, agreement to hold check, forgery, often prevents the collection from proceeding under criminal prosecution. You may wish to seek legal counsel for further information.
   6. If management has received part payment, proceed to civil remedy only.
   7. Make photocopies of check (front and back), the ten (10) day demand letter, the certified mail notice, and/or the envelope mailed to the maker of the check if return unclaimed.
   8. Proceed criminally for all checks that meet checklist in the county where the check was passed.
   9. Proceed civilly (in Magistrate Court if the amount is $15,000 or less) against all other checks in the county where the Defendant lives.
   10. Refer all persons to the Magistrate Court who want to payoff bad check charges after criminal prosecution begins.
   11. Be prepared to pay a filing fee and other Court fees and fines - generally $75 and up.
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