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 |