Bad Check Policy

Please read the following carefully before  you submit a bad check to this office for prosecution

Cashing a check is a privilege not a right. Insist on proper ID. You must follow these instructions so that the Prosecutor’s office can properly handle your bad check complaint. If you do not want the maker of the check prosecuted criminally, you should NOT submit the check to this office, but should consult your own attorney, a private collection agency or the Small Claims Court.

PROCEDURE:
1. Upon return of the check from the bank, we suggest you IMMEDIATELY send a 10-day notice letter. It is not mandatory that you send a 10 day. This office will send a 10 day letter directing that payment be made to this office.
2. If full payment is not received within 15 days, BRING (don’t mail) the original check, a copy of your 10-day letter, if any, to this office and fill out the bad check form in the Prosecutor’s office.
3. This office will send a 10 day letter directing that payment be made to this office. It is imperative that you not accept any payment after the check is submitted to this office. If payments are mailed to you, you must bring such payments to this office immediately.
4. If this office does not receive payment, we will then determine if criminal charges can be filed and sustained. If charges are filed it is your duty to co-operate and come to court and testify if necessary.
Please remember that this office is not a collection agency. Our purpose is prosecution of a crime and collection is merely incidental. Of course, in the event of conviction, we will seek restitution.
Absent unusual facts, we cannot accept bad checks for prosecution in the following situations:
· If the check is more than 90 days old, or if the check is for less than $10.00 (multiple check over $10.00 accepted).
· If the person who accepted the check is unknown or unavailable.
· If partial payment has been accepted on the check.
· If you do not have the check writer’s MO driver’s license number written on the check.
· If the person who accepted the check was asked to hold the check, or if the check was postdated or undated.
· If the person who accepted the check cannot identify the check writer.
· Two-party checks, i.e. payroll checks or checks made payable to someone other than the person or business accepting the check, or checks written on out of State banks.

SUGGESTIONS:
· Get the check writer’s MO driver’s license, verify that the photo matches the check writer, and then write the driver’s license number on the check. If we do not have a MO driver’s license, we must have a date of birth and complete physical description, in order to get a warrant issued and entered into MULES (the state wide law enforcement computer system), and so the arresting officer can arrest the right person.
· Require the check to be written in your presence.
· The check must be legible and dated.
· Require current address and phone number.
· Checks should always be initialed by the person accepting the check.
· Don’t take checks on out of state banks, as witnesses cannot be subpoenaed from outside Missouri.