Bad Check Restitution Program

Bad checks pose a problem for all business owners.

Help us help you to collect through our Bad Check Restitution Program!

1.) Attempt to make personal contact with the check writer. If you are unsuccessful, send a courtesy notice and give the check writer 10 days to respond and remit payment.

2.) If you do not hear from the check writer and/or fail to receive payment, then download/print each of the items in the Bad Check Program packet below and follow the instructions with regard to same. If the bad check writer still refuses to pay you, then mail or deliver the originals (you retain photocopies) of all checks and bank paperwork (such as return receipts and bank notices), and Bad Check Program packet documents, to:

Warrick County Prosecuting Attorney
Bad Check Restitution Program
One County Sq., Ste. 180
Boonville, IN  47601

Telephone: (812)897-6199

E-mail: prosecutor@warrickcounty.gov

ELIGIBILITY:

A check is eligible for the Bad Check Restitution Program if...

• The amount is no more than $2,000 (or multiple checks not exceeding this limit).  There are no minimum dollar restrictions.

• It was received in Warrick County and deposited in a bank in exchange for goods or services presumed "good" at the time of acceptance.

• A "statutory notice" is sent to the check writer allowing 10 days to make the check good.

• It is submitted to the program within 90 days from the date on the check.

• A photo ID (driver’s license, state identification card) was recorded at the time of the transaction.

INELIGIBILITY:

A check is ineligible for the Bad Check Restitution Program if...

• It is post-dated.

• Both parties knew there were insufficient funds at the time of transaction.

• It is a two-party, government or stop-payment check.

• The identity of the check writer is unknown

• There is no amount, date or signature on the check.

• It has not been processed by a bank.

• The numeric and written amounts on the check do not match.

• The check involves an "extension of credit" or was payment on an account.

• It is an out-of-state check.

Checks ineligible for the Bad Check Restitution Program may still be able to be pursued by you via small claims court or by a private collection agency.

CHECK ACCEPTANCE TIPS:

1.)   Institute a check acceptance policy. A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses.

2.)   Accept checks written only with today's date. Post-dated checks are civil matters and are not accepted into the Bad Check Restitution Program.

Trust your instincts! If something doesn't seem right, ask questions or ask for another form of payment. You are not obligated to accept a check.

BAD CHECK PROGRAM PACKET:

Notice of Returned Check

Returned Check Information Sheet

Bad Check Charge