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Checks that Will Not Be Prosecuted
The following will not be prosecuted:
- Checks that are not properly identified – If you fail to follow the identification recommendations set forth above, we cannot prosecute the check.
- “Post dated” and “agree to hold checks” – Also, if you accept an out-of-state check, we may not be able to collect or prosecute the check.
- Checks for past consideration – If the returned check was received in payment for a past consideration, i.e. payment on an account due or for a past debt, and no new credit or purchase has been made a condition of the check being received.
- Partial payment – If you have taken partial payment from the check passer, you have made an election to treat the fraud as a civil matter.
- Third-party checks.
