What checks qualify for the bad check program?
Checks that have been stamped by the bank stating: Account Closed, No Account, Unable to Locate, and Nonsufficient Funds.
Checks stating: Refer to Maker, Held Funds, Overdraft, Uncollected Funds Hold, No Debts Allowed, and Unavailable Funds.
Checks must have a bank stamp showing presentation to the bank within 30 days of the issue date on the check.
Prosecution of check writers should begin as soon as possible after the check was issued.
The statute of limitations is one (1) year for checks under $1,000. These checks are considered misdemeanors. However, checks over $1,000 are felonies and do not have a statute of limitations.
What checks do not qualify for the bad check program?
Post-dated or held checks.
Two-party checks, stop-payment checks.
Checks where both parties knew there were insufficient funds at the time of the transaction.
Checks issued as a payment on a loan, as part of an agreement or pay to an open account.
The identity of the check writer is not known.
Rent Checks, unless you give possession of the property in exchange for the check, by way of the keys or first month’s rent, or the check was written in response to a threat of eviction. In all other circumstances, the rent check is considered as a payment on an account and is civil in nature.
Why use the County Attorney’s Office to collect your bad checks?
There is no cost to you.
The Hopkins County Attorney’s Office will collect the face amount of the check, and also collect an additional merchant fee of $50.00 for you for each check. Defendants are also charged an additional $50.00 processing fee paid to the Hopkins County Attorney’s Office.
Only this office can criminally prosecute bad check writers. Collection agencies and check service companies cannot use the criminal court system to collect checks.