Police Action
Should you have a check that is returned from the bank that has been stamped with any of the following: no account, account closed, or insufficient funds, you have the right to file a police report and prosecute. There are some requirements that must be completed prior to making the report.
Criteria for police action on a bad check, non-sufficient funds check, and closed account check:
- No two-party checks.
- The check is a single-owner check.
- The check must be for $50 or more.
- Identity of check writer known to recipient or positive identification - driver's license or personal ID card number - must be verified and written on the check by the clerk. You must be able to positively identify the person presenting the check. In some instances, you may personally know the presenter.
- The incident must be reported to police within 60 days after receiving notification back from the bank with the information stamped on the check.
- You are required by law to send the five-day bad check notice form. It must be sent certified mail (return receipt requested). The check passer is allowed five days to respond to the letter. If the person fails to respond, you have completed your requirement for this step. Bring in the receipt from the post office for the letter.
- No partial payments can be accepted by the receiver of the bad check.
- No post-dated checks
- No rent payment checks.
The original check will need to be turned over to the Police Department. If the bank has retained the check, an original copy of the check from the back will be needed.