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Worthless Check Division

Procedure When Accepting A Check

Establish a firm policy regarding the cashing of checks for amounts over the cost of merchandise. If you permit this, assign the responsibility for approving such checks to specific employees.

 

Require a valid check, with all items of information legibly filled in, including the maker's address, place of employment and telephone number, complete date, and the same amount expressed in numerals and words. Post Office Box numbers must be accompanied by an address where maker resides.

 

Require the check to be signed in the presence of an employee. If the employee can't read the maker's signature, ask him or her to write it again.

 

Require identification. Don't hesitate to compare the photograph or description on the identification to the person, and to compare the signature to that on the check. BE SURE ALL IDENTIFICATION IS CURRENT. If the person presenting the check refuses to give identification, or there is insufficient identification, don't cash the check.

An employee should record all identification numbers on the check itself, and should place his initials on the check when he accepts it. There is almost no chance of conviction if the person who accepts the check cannot identify the maker of the check in court.

 

Don't accept an undated or post-dated check.

Never hold a check for over thirty days before presenting it to the bank for payment, and if the bank returns it takes immediate action.

 

 

Procedure When A Check is Returned

To All Merchants:
Upon presenting worthless checks to this office, please bring the following:

  • The original check;

  • The certified receipt of mailing;

  • A copy of the ten (10) day demand letter;

  • The signed green card or the UNOPENED unclaimed letter;

  • The completed Affidavit for Arrest Warrant form.

 

NOTE: Identification is required on all checks, please include the following:

  • The driver’s license NUMBER and STATE of the person signing the check;

  • The current address of the person signing the check;

  • The phone number of the person signing the check;

  • The place of employment of the person signing the check;

  • If a P. O. Box is given, get a physical address;

  • The initials of the person accepting the check.

 

THE FOLLOWING TYPES OF CHECKS CANNOT BE ACCEPTED BY THIS OFFICE FOR PROSECUTION:

  • Two party checks (checks made out to someone other than your business, such as payroll checks);

  • Held or post-dated checks;

  • “Stop Payment” checks;

  • Checks more than three (3) months old;

  • Checks that you have accepted a partial payment on; and

  • Checks taken to replace an insufficient check.

 

NOTE: INSTRUCT ALL EMPLOYEES NOT TO ACCEPT RESTITUTION (PAYMENT) ON ANY CHECK THAT HAS BEEN TURNED OVER TO THE DISTRICT ATTORNEY’S OFFICE.

 

Click here for Sample 10-Day Letter – (PDF File)

Click here for Affidavit for Arrest Warrant – (PDF File)

 

For general questions concerning prosecution check prosecution, contact: (318) 513-6350