Justice of the Peace Pct. #5

Information for Filing Bad Checks

The check must be deposited within 30 days from the date of issuance. It must be stamped or flagged by the bank as not good for reasons, NSF, NO ACCOUNT, or ACCOUNT CLOSED. We cannot take post dated, stop payment, funds held, etc., as criminal cases, but you may sue in Civil Court.

If the check is returned for Insufficient Funds, send a registered or certified letter with return receipt requested to the person who signed the check. The letter must identify the check, state why it was returned by the bank, give the writer 10 days from the date they received the letter to pick it up and state that a criminal complaint will be filed if not paid. Wait 15 days from the date of mailing the letter or 10 days from the date the writer signed for the letter to file a complaint. The law only requires the letter be mailed, if they refuse it or have moved leaving no forwarding address, a complaint may still be filed. If the check is returned for Account Closed, no letter is required and it may be filed immediately.

You should have a good address, race, sex, DOB (date of birth), and Drivers License Number before filing a complaint. If we do not have this information we cannot be as effective in collection because law enforcement officers normally will not make an arrest without good identification on the person.

If restitution is made to this office, you will be required to sign for it. Upon payment of restitution and fine, our office will recall the warrant. The law provides for adding a check charge in these criminal cases. The amount charged cannot exceed the amount which is posted in the place of business. The maximum check fee which may be charged is $30.00.

DO NOT accept any money and attempt to dismiss the complaint after you have filed the complaint with the Court, or refuse to testify if the defendant pleads not guilty. If you do either of these, we may not accept any future bad checks from you or your business.