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. You must follow these instructions so that the Prosecutor’s office can
properly handle your bad check complaint. Insist on proper ID before cashing checks. 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:
Upon return of the check from the
bank, we suggest you IMMEDIATELY send a 10-day notice letter to the person who passed the
check. It is not mandatory that you send a 10 day letter.
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.
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.
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. In the event of conviction, we will seek restitution, but
we do not collect your "returned check" fee or similar charge that you may
ordinarily charge. We collect restitution in the form of a money order made out to the
original payee.
Absent unusual facts, we cannot accept bad checks for prosecution
in the following situations:
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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).
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If the person
who accepted the check is unknown or unavailable.
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If partial
payment has been accepted on the check.
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If you do not
have the check writer’s MO driver’s license number written on the check.
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If the person
who accepted the check was asked to hold the check, or if the check was postdated or
undated.
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If the person
who accepted the check cannot identify the check writer.
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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.
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Suggestions |
- Get the check writer’s Missouri
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 Missouri driver’s license, we
must have a date of birth and complete physical description, in order to get an warrant,
when necessary. This information must be entered into the state-wide law enforcement
computer system so that the police will 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.
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This page last updated on 15 March 2002
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