Bad Checks

A Message From
Prosecuting Attorney Daniel H. Hampton

As your Prosecuting Attorney, naturally I am always concerned about the negative impact of bad checks passed to local businesses. Millions of dollars are lost nationally by merchants as a result of this ongoing problem. Bad checks affect everyone in terms of higher consumer costs that must be passed on to offset losses, and increased taxes to cover the additional costs for law enforcement and prosecution.

In an effort to combat this problem, I have organized the Bad Check Recovery Program to assist local merchants with bad check losses. The primary goal of the program is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system.  Also, to assist you in reducing your risk in accepting a bad check or to determine whether your bad check is eligible for the Bad Check Recovery Program, you should review the acceptance tips and program eligibility form.

Your interest and participation in this special program will benefit all law-abiding citizens and help your business improve its bottom line!

 Bad Check Recovery Program

6 EASY STEPS

1.     Once the check has been dishonored by the bank, make sure that the check is not any of the following:  a two-party, payroll, or credit card; partially re-paid check; fraudulent or stamped 'lost', 'stolen', 'stop payment', or 'forged'; Check written over 180 days ago; pre/post-dated or altered checks; check you agreed to hold before depositing; check passed outside of Kosciusko County; check which is repayment of loan or civil contract agreement.

2.      Complete the bad check crime report form .  Attach the original check(s) or bank-generated substitute check and the notice from the banking institution indicating the reason that the check was dishonored to the completed form.  You MUST retain photocopies of all check(s) submitted and notification documents, such as return receipts and bank notices.  Also, you should remember that whenever you inquire about the status of this check(s) with the Prosecutors Office, you must refer to the check number and maker's name. 

3.      Mail the completed bad check crime report form with the attachments described in step #2 above to:
Kosciusko County Prosecuting Attorney's Office
Bad Check Recovery Program
121 N.Lake St.
Warsaw, IN 46580

4.      Once the check(s) has been sent to our office, in the event that the maker of the check should contact you, you MUST direct that person to our office immediately.  DO NOT accept payments.  The Prosecuting Attorney's Office collects a fee for Kosciusko County which you will be responsible to pay if you collect from the maker.

5.      In the event we procure payment from the maker of the check, we will mail the payment by way of money order to the address you provided on the bad check crime report.  The money order will contain the amount of the check plus a $25.00 service fee.

6.      The Prosecuting Attorneys Office mails a recovery notice to the maker of the check on the Thursday following the receipt of the check submitted by you.  If you have not received a payment from the Prosecuting Attorneys Office within 17 days following that Thursday mailing, you must contact the Bad Check Recovery Administrator, 372-2419, to discuss criminal prosecution against the maker. 
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