Perry County Prosecutor's Office

bad checks

FORMS

Bad Check Affidavit Form

GUIDE BOOK
  1. Policies
  2. Procedures
  3. Identification is the Key to Prevention and Prosecution
  4. Risk Assessment for for Check Transactions
  5. Checks that Will Not Be Prosecuted

Policies

No Account, Forged and Stolen Checks
A no account, forged, or stolen check should be taken directly to the police. The police will conduct an investigation and present their findings to the Prosecutor’s Office. The Prosecutor will decide what charges to file and attempt to collect restitution for you through the criminal justice process, which would be paid to you by the Clerk of Perry County.

You should not accept payment directly from a defendant. Rather, if a defendant contacts you and offers to pay restitution, tell the defendant to contact the Prosecutor. Then you should promptly notify the Prosecutor that the defendant attempted to pay you.

Non-Sufficient Funds Checks
A non-sufficient funds check should be taken directly to the Prosecutor’s Office. The Prosecutor will give the payer a fair opportunity to pay the bad check and applicable fees without subjecting the payer to the criminal justice process. If the payer refuses to pay, the Prosecutor will aggressively pursue and vigorously prosecute those who seek to avoid their obligations under the law.

If the Prosecutor collects the bad check debt and applicable fees without invoking the criminal process, the Prosecutor returns the funds directly to you. If the payer is prosecuted, the Prosecutor will attempt to collect restitution for you through the criminal justice process, which will be paid to you by the Clerk of Perry County. Also, you should not accept any payment directly from a defendant, but rather tell the defendant to contact the Prosecutor. And you should promptly notify the Prosecutor that the defendant attempted to pay you.

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