Bad Check Information

The Old Town Police Department will investigate all complaints for checks of Insufficient Funds and those marked "Account Closed". We investigate several of these types of cases on a regular basis. Check Fraud is also one of the leading white collar crimes in this area. In order to make a report for Insufficient Funds, there are some things that you MUST do that is required in order for the District Attorney's Office to prosecute any check cases. The Old Town Police Department will not initiate an investigation until the conditions are met and the requirements outlined below are fulfilled.

What You Must Do

Attempt face to face contact with the check passer in an attempt to collect payment. If this fails, you must send a five day demand notice via registered mail with restricted delivery to the addressee only. Document all of your efforts to collect the check.

If your efforts to collect payment fail, you must then fill out a "Bad Check Packet". This must be completed in full and contain the ORIGINAL check, a copy of the letter you sent and the post office receipt for the certified mail showing delivery or non-delivery. Return the "Bad Check Packet" to the Police Department during normal business hours (M-F 7am-3:30pm).

Incomplete packets will not be accepted!!

What We Will Do

Once a completed "Bad Check Packet" is turned in to the Police Department with all the necessary documentation, the complete packet is forwarded to the Detective Division for investigation. Generally, the Detective will try and locate the party involved and serve them a five day notice in hand and issue them a summons to court. If payment is made prior to the five day deadline, the case will not be prosecuted. If the person fails to make payment, the case is then forwarded to the District Attorney's Office for prosecution.

Other Guidelines You Need To Know

Checks older than 120 days will not be accepted for prosecution.
Checks are accepted for criminal prosecution only and will not be returned once prosecution is initiated.
Post dated checks or checks that you agree to hold before depositing will not be accepted.
The "Bad Check Packet" must be completed legibly. Please neatly print or type.
Checks stamped "Closed Account" or "Account Closed" will be accepted with the "Bad Check Packet" but will not result in prosecution unless subsequent police investigation shows that the passer knew the account was closed.
A 5-day statutory demand notice must be sent to the passer in each check case by certified mail with the restricted delivery to addressee only. In the event it is a company check, the agent for the company may sign. In addition, you should attempt to make personal "face to face" contact with the passer concerning the check and document your efforts. Do not submit a check in the "Bad Check Packet" for possible prosecution unless you are satisfied that the passer intended to defraud you and that you would participate in the prosecution even if the passer attempted to pay off the check at some future date. Use only one(1) "Bad Check Packet" for each check submitted.
Submit with the "Bad Check Packet" the ORIGINAL check, a copy of the bad check notice you sent and the post office receipt return showing it's delivery or non-delivery.
The "Bad Check Packet" must be signed by the person in the position of responsibility, e.g. manager, cashier, owner, etc..
Please return the "Bad Check Packet" and all required documentation to the law enforcement office from which it was originally obtained.

Bad Check Packet Information