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Worthless/Bad Checks

GUIDELINES FOR SUBMITTING WORTHLESS/BAD CHECKS

Not all “bad” checks fall under the jurisdiction of the criminal courts.

1. JURISDICTION – The check(s) must have been passed to a business (not a private party) in Anderson County, Kansas.

2. IDENTIFICATION – The person who accepted the check must be able to identify the check passer. (photo line-up, video surveillance)

3. STOP PAYMENT – Often times these checks are matters for civil court and are not criminally prosecutable.

CHECKS WHICH CAN BE PROSECUTED

1. JURISDICTION – The check(s) must have been passed to a business (not a private party) in Anderson County, Kansas.

2. IDENTIFICATION – A driver’s license number and date of birth of the check writer must be obtained at the time the check is accepted. You may also wish to note other pertinent information on the driver’s license for identification purposes. Look at the license to make sure the information matches the individual passing the check, and if possible make a photo copy of the driver’s license. Please provide, at the time of submission, any video surveillance or still photos you have available for the transaction. Note: Bad check writers and forgers know which merchants do not require identification and will frequent those businesses.

3. 3. To file a criminal complaint, you must first send a letter by certified mail to the check writer demanding payment and wait seven (7) days for them to answer. If they do not respond, you must provided our office a copy of the letter you sent and proof it was sent by certified mail and then complete the Affidavit for Prosecution of a Worthless Check form (available below) in a timely manner, submit it to our office along with the original bank copy of the check. (Many banks do not keep the original check, but will provide you with a certified copy.)

Affidavit for Prosecution of a Worthless Check Form download link

Sample Worthless Check Merchant Letter download link

If you have questions, please contact Stephanie Barker at (785) 448-5703. Documents may be mailed to: Anderson County Attorney’s Office, P.O. Box 367, Garnett, KS 66032, or you may bring your completed form and check(s) to our office located on the second floor of the Anderson County Courthouse located at 100 E. 4th Avenue, Garnett, KS.

PLEASE DO NOT HAVE ANY CONTACT WITH, OR ACCEPT PAYMENT FROM THE BAD CHECK WRITER AFTER YOU HAVE SUBMITTED THE COMPLAINT TO OUR OFFICE.