Bad Check Program

Morgan County Check Deception Procedures for Merchants

1. Send a certified letter (return receipt requested) to the check writer at the address listed on the check. This letter is to inform them their check has been returned and they have ten (10) days to resolve the matter. Also, list the check(s) and amount(s) and let them know if they fail to pay restitution that it will be turned over to our office for charges to be filed. (see an example of a 10-day letter for your use).
2. If you do not receive a response to your letter from the check writer, we need the following from you in order to proceed with prosecution:
   • Original returned check or copy (front & back) of returned check;
   • Copy of 10-day letter sent to check writer;
   • The receipt card signed or the entire letter not claimed and returned to you from the Postal Service;
   • Provide as much of the following info that you have – street address, phone number, date of birth, driver’s license number and/or social security number of check writer.
3. Once the check is turned over to our office, you cannot accept payment of restitution from the check writer. If they attempt to make payment after it is turned over to our office you need to advise the check writer that they should call our office or come to our office in person.
4. We do not accept the following for prosecution:
   • Checks where partial payment has been made;
   • Post-dated checks;
   • Third-party checks;
   • Payroll checks;
   • Stop payment checks;
   • Checks exchanged outside of Morgan County;
   • Checks with a date over two years; or
   • Online NSF payments
5. For larger businesses, please bring the check(s) to our office once a month rather than holding the checks as it is easier to locate the check writer and saves our office time and money.
6. If you elect to pursue any civil remedies such as a small claims action, civil law suit, attachment, foreclosure, and/or repossession, please do not send us the check, as we will not prosecute in this situation.