Bad Check Program
A packet of information and forms are attached to this letter. This packet is provided to help explain how, and to help you decide whether to refer a bad check case to our office for possible prosecution. Sample forms are included to help you complete the paperwork. Please read every thing carefully and fill in the forms completely. If you have any questions, please do not hesitate to call our office at 833-3001.
Please follow these steps when dealing with a possible bad check:
- Follow the guidelines under "Tips for Check Cashing Procedures."
- If a check is returned from the bank for insufficient funds, please resubmit it. A closed account check only needs to be submitted once.
- If the check is still unsatisfied, send notice by registered or restricted certified mail (sample forms are included in this packet).
- If the certified 10-day notice letter is not accepted by the party who wrote the check, you should contact the Sheriff's Department and have them attempt to make personal service of the 10-day notice.
- If the check owner responds that the check was stolen or forged, call the police department. A stolen or forged check requires police investigation and should not be submitted to the County Attorney's Office directly.
- After ten days has expired from the receipt of the 10-day notice (as shown by the postal return receipt or the Sheriff's Return of Service), you should fill out the Checklist for Bad Check Eligibility form included in this packet.
- If you meet all the criteria in the Checklist, submit the case in one of the following ways:
- If the total face amount(s) of the check(s) is $500.00 or less, the case should be submitted to the County Attorney's Office.
- If the total face amount(s) of the check(s) is more than $500.00, the case should be submitted to the police department.
- When submitting the case for prosecution to either the police department or the County Attorney's Office, the following must be submitted:
- A copy of the Eligibility Checklist filled out completely.
- A copy of the Bad Check Questionnaire filled out completely for each bad check being submitted.
- The original bad check(s).
- The original postal return receipt or Sheriff's Department Return of Service for the 10-day notice.
- A copy of the 10-day notice.
- If you have a film or video tape recording of the transaction, the film or video tape must be surrendered to the police department so it can be preserved as evidence.
- If you submit the case for prosecution and it is accepted, you should not accept any payment or partial payment on the check. Once the case is submitted to our office, the check writer should be referred to our office with any questions.
- After the check is prosecuted you must notify the County Attorney's Office that restitution has been made. Be sure to give the check writer a receipt.
Please feel free to copy this packet and keep the blank forms so you can report Insufficient Funds (NSF) or Closed Account checks in the futures. Each check writer must be handled as a separate complaint. You cannot combine multiple check writers on one complaint. However, you should combine checks written on the same account by the same check writer provided that a Bad Check Questionnaire is filled out for each check.
Please forward completed forms to our offices located at 316 East 5th Street, Waterloo, Iowa 50703. The material will be received by our staff.