GaryO said:
I'm from Indiana and sued a small corporation in Tennessee.
The day before we were to appear in small claimes court I recieved a check from them to satisfy the suit. I dismissed the case for payment (faxed the court in TN.) but did not deposit the check for several days. The check came back (marked 'closed account') I called them and they said the bank was bought out. This was 3 weeks ago and still do not have payment.
The amount was $3,400 and to make things more interesting the owner of the Corporation is an attorney.
What should I do?
Sue again and how much is legal? I've heard that I can sue for triple damages because of the bounced check.
Report him to the TN. Bar Association?
Have him arrested?
I've tried to be patient but that isn't getting me any monies owed?
Any help would be much appreciated. Thanks
My response:
When I looked up the Indiana Civil Statute for "Bad Checks", I couldn't believe it, but I found that your State "Repealed" it's Bad Check law !
However, and fortunately, the Criminal Statutes remain on the books, and here's the help you need:
In Boone County, merchants and individual citizens lose thousands of dollars because of bad checks. Consumers share in these losses through higher prices. Since April, 1997, the Prosecutor's Office has had the Bad Check Program in place to help merchants and consumers alike track down bad check writers, collect and return the money to the victim, and deter future offenses with, among other options, possible criminal prosecution. Along with benefiting the merchants and consumers, this program is designed to remove some of the load from the overburdened local police and the courts. This program is for anyone who has received a bad check in Boone County, be that a large business, a small business, or an individual. This program provides new avenues to obtain restitution, to protect the public, and to seek justice.
Eligibility
Any person who receives a bad check in Boone County is eligible to participate in the program if the following conditions are met:
The check must have been received in Boone County.
The victim must submit the check immediately when it has been returned by the bank indicating "Non-Sufficient Funds" or "Closed Account", along with a signed Bad Check Affidavit, to the Bad Check Program. This program works most efficiently with checks that are no older than sixty (60) days.
Ineligible Bad Checks
Postdated checks. ( Postdated checks constitute promissory notes.)
Checks held for an agreed time. (Checks held for an agreed time period constitute credit to the check-writer.)
Checks for which partial restitution has been received.
Checks which have already been given to a private collection agency for collection.
How to Apply
To participate in the program, victims should obtain a Bad Check Affidavit, available from the Prosecutor's Office or requested by mail. This should be completed, signed and returned, along with the original bad check, to the Prosecutor's Office Bad Check Program. A separate Bad Check Affidavit should be completed for each individual bad check writer, with up to ten multiple checks from a single writer listed on one form. Examples of collection efforts must be noted on the affidavit, for example, copies of demand letters and/or logs of phone calls to the bad check writer.
Incomplete affidavits will be returned and will cause a delay in processing the case.
How the Program Works
After a Bad Check Affidavit is received by the Bad Check Program, a letter will be sent, via 1st class U.S. mail, to the writer requesting payment be made to the Prosecutor's Office within ten (10) days. The request for payment will include a $20 protest fee, and a processing fee, (which is usually $20) to be paid per bad check. The $20 protest fee will be collected on behalf of the victim and the processing fee will be collected on behalf of the Prosecutor's Office to defray the costs of the Bad Check Program.
If full restitution is not received, the Bad Check Program forwards the bad check to a Deputy Prosecuting Attorney to determine whether to file Check Deception charges. If charges are filed, the victim may be called upon as a witness to appear in court.
Restitution
When a bad check writer pays restitution to the Bad Check Program, the victim will be issued a check by the Bad Check Program for the face value of the check plus the additional $20 protest fee per bad check.
Once the victim has submitted a bad check to the Bad Check Program, restitution cannot be accepted by anyone other than the Bad Check Program.
If a case goes to Court, restitution will be paid through the Court, not the Bad Check Program.
Safeguards Against Bad Checks
It is important that you take the time to educate employees about a set policy for accepting checks. If your company has set procedures for ALL customers, no one customer will feel as though they are being treated unfairly.
Take the time to protect yourself. Adopt a firm, but courteous policy of accepting checks.
Display a sign in your store or place of business, showing your cooperation with the Prosecutor's office. Not only will this put bad check writers on notice, but it may make your honest, regular customers a little more patient with your procedures.
Always require your employee to write the checkwriter's social security number, driver's license number and date of birth on the FACE of the check at the time the check was issued and accepted. A telephone number is also helpful in attempting to trace the writer, along with any identifiers, such as description, ( i.e. male, 6 feet tall, brown hair, brown eyes, etc.). If the identification is not on the check, our office may not be able to file criminal charges. The Sheriff's Department does not accepts warrants on checks without a date of birth on the check. Also, the presence of your handwriting on the check is another for you to identify the check at a later date, which is required for prosecution.
Compare all information on the check with that on the writer's I.D., including name, address and identifiers.
Make sure the check is completely filled out. The check should be signed in your presence.
Don't accept a Post Office Box for an address. (Warrants can't be served to a Post Office Box.) Ask for the street address.
Do not accept the check if the name printed is not the same as the name of the person issuing the check.
Company checks should have the writer's name visibly written on the check if not already in print.
The initials of the person accepting the check should be recorded on the check at the time of acceptance. This will assist merchants in determining if an employee can identify the bad check writer if and when charges are filed.
Be cautious when accepting checks with low check numbers, alterations and erasures.
Do not accept two-party checks or counter checks.
Do not agree to hold a check or take a postdated check.
Do not accept partial payment on a check.
We urge you not accept checks from persons who live or bank out of state. It is difficult to obtain bank records from another state. In addition, extradition from other states is extremely expensive, and sometimes declined in cases, such as Bad Checks, where public safety is not a concern.
Types of Identification
Driver's Licenses
Instruct your employees to compare the photo with the check writer's real appearance. Hair color and weight can always change, but check the age, race and sex. Is the address on the license the same as on the check? If not, ask for the correct address. Is the license valid, or has it expired? Never accept an expired license.
State I.D. Cards
These contain photographs, but are easily attainable. They should never be used as sole identification.
Remember
Use common sense: If in doubt, call the bank and verify that the check is good.
Weigh the possible loss you may take against the possible gain.
Be doubly cautious on weekends and holidays. During these busy times, employees may be distracted and busy, and professional bad check writers capitalize on this.
Do not permit yourself to become flustered by the shopper who is in a rush.
Keep a log of all checks submitted to the Bad Check Program for your records.
If a person's check has bounced before, do not take another check. Make a list of bad check writers for your employees.
For Further Information, Please Contact:
Boone County Prosecutor's Office
Bad Check Program
Cindy Walters - Director
103 Courthouse Square
Lebanon IN 46052
765-482-6860
HAMILTON COUNTY
PROSECUTOR’S OFFICE
BAD CHECK PROGRAM
In Hamilton County, merchants and individual citizens lose thousands of dollars because of bad checks. Consumers share in these losses through higher prices. Since September, 1996, the Prosecutor’s Office has had the Bad Check Program in place to help merchants and consumers alike track down bad check writers, collect and return the money to the victim, and deter future offenses through a diversion program and possible criminal prosecution. Along with benefitting the merchants and consumers, this program is designed to remove some of the load from the overburdened local police and the courts. This program is for anyone who has received a bad check in Hamilton County, be that a large business, a small business, or an individual. This program provides new avenues to obtain restitution, to protect the public, and to seek justice.
ELIGIBILITY
Any person who receives a bad check in Hamilton County is eligible to participate in the program if the following conditions are met:
ÿ The check must have been received in Hamilton County.
ÿ The victim must submit a “Non-Sufficient Funds”, “Closed Account”, “No Account”, “Unable to Locate Account”, “Stop Payment”, “Refer to Maker”, “Blocked Account” check, along with a signed Bad Check Affidavit, to the Bad Check Program.
INELIGIBLE BAD CHECKS
ÿ Checks over sixty (60) days old.
ÿ Postdated checks. ( Postdated checks constitute promissory notes.)
ÿ Checks held for an agreed time. (Checks held for an agreed time period constitute credit to the check-writer.)
ÿ Checks for which partial restitution has been received.
ÿ Checks which have already been given to a private collection agency for collection.
ÿ Bad checks resulting from a service charge on a checking account by a financial institution.
HOW TO APPLY
To participate in the program, victims should obtain a Bad Check Affidavit, available from the Prosecutor’s Office or requested by mail. This should be completed, signed and returned, along with the original bad check, to the Prosecutor’s Office Bad Check Program. A separate Bad Check Affidavit should be completed for each individual bad check writer, with up to five multiple checks from a single writer listed on one form. Examples of collection efforts must be noted on the affidavit, for example, copies of demand letters and/or logs of phone calls to the bad check writer.
Incomplete affidavits will be returned and will cause a delay in processing the case.
HOW THE PROGRAM WORKS
After a Bad Check Affidavit is received by the Bad Check Program, a letter will be sent, via 1st class U.S. mail, to the writer requesting payment be made to the Prosecutor’s Office within ten (10) days. The request for payment will include a $20 protest fee, and a $20 service fee to be paid per bad check. The $20 protest fee will be collected on behalf of the victim and the $20 service fee will be collected on behalf of the Prosecutor’s Office to defray the costs of the Bad Check Program.
If full restitution is not received, the Bad Check Program forwards the bad check to a Deputy Prosecuting Attorney to determine whether to file Check Deception charges. Checks under $25.00 without identification written on the check will not be prosecuted. If charges are filed, the victim may be called upon as a witness to appear in court.
RESTITUTION
When a bad check writer pays restitution to the Bad Check Program, the victim will be issued a check by the Bad Check Program for the face value of the check plus the additional $20 protest fee per bad check.
Once the victim has submitted a bad check to the Bad Check Program, restitution cannot be accepted by anyone other than the Bad Check Program.
If a case goes to Court, restitution will be paid through the Court, not the Bad Check Program.
FOR FURTHUR INFORMATION, PLEASE CONTACT:
Hamilton County Prosecutor’s Office
Bad Check Program
Cyrstal Marr- Director
Hamilton County Square, Suite 134
Noblesville, IN 46060-2230
(317) 774-2513
IAAL
