Policy Text
POLICY
161.0FRAUD/WORTHLESS CHECKS
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
4/2019
A.WORTHLESS CHECKS
1.When a person contacts the Police Department to initiate a police report reference
a complaint of worthless checks due to non-sufficient funds or account closed, the
officer will give the reporting party a Bad Check Crime Report (Form # BC001)
and refer them to the State Attorneys Office.
2.The citizen can direct-file a case with the Misdemeanor Division of the State
Attorney's Office with the completed from.
B.CIVIL MATTERS
1.Post-dated checks.
2.Agreement to hold checks (verification can be obtained by checking date on
check versus date check is bank stamped).
3.The receiver was advised that there would be no funds to cover check.
4.The receiver has accepted partial payment on the check.
5.There were sufficient funds in the account the day the check was written.
C.TWO-PARTY CHECKS
1.Prosecution cannot be initiated when all parties involved are not willing to
cooperate and testify in the case.
2.The violation occurs in the jurisdiction where the first party receives the check.
D.MAILED CHECKS
A check received through the mail presents the problem of receiver identification of the
passer. Whenever possible this type of case should be referred to the Postal Inspector's
Office.
E.OUT-OF-STATE BANK CHECKS
Victims should be informed that in prosecuting any check case, the bank's Custodian of
Records has to appear in court to testify as to the status of the account.
F.EVIDENCE HANDLING
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Worthless checks $150.00 or more (Felony) and forged checks will be placed into
Evidence.
G.FORGED OR COUNTERFEITS CHECKS
All forged or counterfeits checks shall be handled in accordance with Policy, Fraud –
Forgery.
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