WELCOME TO THE ONLINE HOME OF THE

SHELBY COUNTY

PROSECUTOR'S OFFICE

Shelby County Indiana Court House Prosecutor Kent Apsley

Advocates for the People of Shelby County

James Landwerlen, Prosecuting Attorney

407 South Harrison Street | Shelbyville, Indiana 46176


Website Navigation

Prosecutor's Home

General Information

Staff Information

Adult Protective Services

Child Support

Child Support FAQ

Victim Assistance ProgramVictim Assistance Survey

Check Deception

Check Deception FAQ

Criminal Division

Fatal Alcohol Crash Team

Safe Driver Program

Investigative Division

Juvenile Division

Complaint Form

Cell Phone Program

Drug Free Calendar

Confidential Drug Tip

Related Links

CHECK DECEPTION FAQ

 

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

Contact Us


Prosecuting Attorney

Courthouse

407 S. Harrison St.

Shelbyville, IN 46176


Office Hours:

Monday - Friday

8:00 AM - 4:00 PM

Closed Noon - 1:00 PM

for lunch.


(317) 392-6440

Criminal Division

Room 30


(888) 387-2352

Criminal Division


(317) 398-8847

Criminal Division Fax


(317) 392-6442

Child Support

Room 16


(317) 392-0956

Child Support Fax


Confidential Drug

Tip Hotline

(317) 398-CALL

(398-2255)


Confidential Drug

Tip Email

drugtip@co.shelby.in.us

or click here to use our confidential form.


 

 

Copyright 1998 - 2015 Shelby County Prosecuting Attorney, All Rights Reserved

Web Site Design, Maintenance and Hosting by ROI Integrated Office Technologies