The check MUST be in exchange for present consideration, wages, rent past or presently due, state taxes, or child support.
The check should have deposited within thirty (30) days of accepting the check. The thirty (30) days shall begin on the first full day following receipt of the check.
A letter must be sent certified mail to the writer of the check and mailed to the address on the check or an address given at the time the transaction occurred. The letter must be mailed within 90 days of receipt of the check.
The letter MUST contain all of the following details:
- Check number, bank, amount, check date
- Allowance for the full 10 days
- Total amount including service charge (service charge shall not exceed $30.00)
- Clear wording that if the amount is not paid within 10 days the holder of the check will seek a criminal remedy. The terms jail, arrest, legal action, further action, or prosecution are not sufficient.
Post-Dated checks can NOT be prosecuted criminally.
Checks written for a loan repayment or for an installment payment can NOT be prosecuted criminally.
Should you desire the appropriate steps for collection/prosecution of a three party check, please contact the Magistrate Office.