BAD CHECK COLLECTION PROCEDURE To present bad checks for prosecution, it is important to follow the procedures exactly. Be advised that we cannot file on every check. For instance: We cannot prosecute third-party checks or post-dated checks. We can only collect the amount on the face of the check. We do not collect your additional fees for bounced checks. We may not prosecute out-of-county checks. People living outside Shelby County are often difficult to find and we do not have the resources to track them down. We will not prosecute checks written on banks that do not do business in Indiana.
The check must be complete. Make sure the date and year are correct and the person signed the check. Their telephone number should also appear on the check. Never alter, add information to, or write on the check after it is returned. THE CHECK MUST CONTAIN AT LEAST TWO OF THE FOLLOWING AT THE TIME IT IS ACCEPTED BY YOU: DATE OF BIRTH SOCIAL SECURITY NUMBER DRIVER’S LICENSE NUMBER
Obtain these from valid identification. Never rely upon the person’s word. We will not prosecute “starter” checks or other checks that do not have the name pre-printed on the check. The name or initials of the person who accepted the check must appear on the check. WHAT TO BRING TO THE PROSECUTOR’S OFFICE: The original check(s) or an official bank copy. Keep a copy for your records. The returned receipt from the demand letter or the entire demand letter in the original envelope if it was returned to you. A completed Probable Cause Affidavit with the proper attachments. A completed Charging Information. The names, address, and telephone number of the person who will testify at trial. Any updated address, name, or phone number of the person who wrote the check(s), and a copy of any check cashing card that belongs to the person who wrote the check.
Here are some files you can download in Microsoft Word® format to help in your case. Demand Letter Copy of the bad check Receipt of Demand Letter Click here to see our page of Check Deception Frequently Asked Questions. For more information contact: Shelby County Prosecutor’s Office 407 S. Harrison St. Shelbyville, IN 46176 (317) 392-6440 (888) 387-2352 (317) 398-8847 FAX |