CHECK DECEPTION FREQUENTLY ASKED QUESTIONS I just received a bad check, what do I do? The law allows you to either sue them in civil court where you might obtain treble damages, or you can present the check to the Prosecuting Attorney, but you may not do both! For questions about civil court, you should contact your attorney. If you intend to prosecute a bad check, you must first send a demand letter to the address printed on the check. This letter must be sent via Certified Mail, Return Receipt Requested. Copies of the demand letter are available. What if they do not pay after I mail the Demand Letter? You may then ask the Prosecutor to file charges. You must complete a Probable Cause Affidavit and a Charging Information for each check that you wish present. Samples of Probable Cause Affidavit and Charging Information are available. Please fill out everything prior to bringing these to our office. If you have more than one bad check from the same person, we will likely file on just one check and require restitution on all of the checks as a condition of probation. What happens if they want to pay off the check after I file it with your office? DO NOT ACCEPT ANY PAYMENTS! Direct them to the prosecutor’s office. Prosecuting someone criminally for a check, which has been paid off, exposes you to potential civil liability. We cannot keep track of payments made outside of our office. If you accept payment after filing with us, we will likely refuse to prosecute any future checks written to you. When do I get my money? It may be awhile. Before we file charges we will send via U.S. Mail a letter that says we have received a bad check and it must be paid or charges will be filed. This letter usually results in payment and saves time and money. If the letter is not returned, we assume that the person lives at the address and simply did not respond. We then file charges and send notice with a Sheriff’s Deputy directing the person to appear in court. If the letter is returned, we assume the person has moved and we request a warrant for their arrest. Once filed, the average check deception is resolved in about 3-6 months. Restitution, particularly for large sums, may not come until 6-12 months. We will make every effort to obtain restitution, but we cannot guarantee that we will get your money back. Sometimes the only option is to have them sit in jail. 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 | 
