SHELBY COUNTY PROSECUTOR’S OFFICE

BAD CHECK COLLECTION PROCEDURE

R. KENT APSLEY PROSECUTOR

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.

FREQUENTLY ASKED QUESTIONS

I just received a bad check, what do I do?

The law allows you to either sue them in civil court where you might obtain treble damages, or you can present the check to the Prosecuting Attorney, but you may not do both! For questions about civil court, you should contact your attorney. If you intend to prosecute a bad check, you must first send a demand letter to the address printed on the check. This letter must be sent via Certified Mail, Return Receipt Requested. Copies of the demand letter are available.

What if they do not pay after I mail the Demand Letter?

You may then ask the Prosecutor to file charges. You must complete a Probable Cause Affidavit and a Charging Information for each check that you wish present. Sample Probable Cause Affidavits and Charging Informations are available.

Please fill out everything prior to bringing these to our office. If you have more than one bad check from the same person, we will likely file on just one check and require restitution on all of the checks as a condition of probation.

What happens if they want to pay off the check after I file it with your office?

DO NOT ACCEPT ANY PAYMENTS! Direct them to the prosecutor’s office. Prosecuting someone criminally for a check, which has been paid off, exposes you to potential civil liability. We cannot keep track of payments made outside of our office. If you accept payment after filing with us, we will likely refuse to prosecute any future checks written to you.

When do I get my money?

It may be awhile. Before we file charges we will send via U.S. Mail a letter that says we have received a bad check and it must be paid or charges will be filed. This letter usually results in payment and saves time and money.

If the letter is not returned, we assume that the person lives at the address and simply did not respond. We then file charges and send notice with a Sheriff’s Deputy directing the person to appear in court.

If the letter is returned, we assume the person has moved and we request a warrant for their arrest. Once filed, the average check deception is resolved in about 3-6 months.

Restitution, particularly for large sums, may not come until 6-12 months. We will make every effort to obtain restitution, but we cannot guarantee that we will get your money back. Sometimes the only option is to have them sit in jail.

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