Information Regarding Bad Check Policies and Procedures
We have recently reviewed the procedures used in prosecuting bad check cases. In order to successfully prosecute bad checks, it is necessary that the County Attorney’s Office receive certain information about the check writer. This information increases our chances of getting full restitution and proving the case in court.
You may establish your own business or personal procedures regarding what type of checks you will accept. For purposes of prosecution, however, we prefer that you not accept checks from individuals who cannot produce a valid photo ID matching the name on the check. When processing a check, the two most helpful types of information are a date of birth and a driver’s license number with the issuing state. This information should always be written on the check by the employee rather than the check writer. Your employee can also note on the check that s/he compared the photo I.D. to the check writer with a notation such as “I.D. checked “ Furthermore, your employee should note their initials on the check in order to identify the exact employee who received the check. This information is necessary because the most difficult fact to prove is that the person in court was the person who actually wrote the check.
Once we have received the check, a questionnaire will be sent to you to complete and return. The information retrieved from the questionnaire is vital to us in obtaining arrest warrants and proving the identification of the individual who issued the bad check. Although we will take initial steps toward obtaining restitution for you, without certain information we simply will not be able to prosecute.
Please contact the Bad Check Division at 402-593-2239 if you have any questions.