The Jay County Prosecuting Attorney has a Bad Check Collection Program to assist merchants and individuals in collecting on checks that have been returned to them as "INSUFFICIENT FUNDS" or "ACCOUNT CLOSED". The Prosecutor's Office may be able to assist you in collecting on these checks. Not all returned checks qualify for this program. Listed below are the requirements for the Bad Check Program.
A check is Eligible if...
There are no minimum dollar restrictions.
The check transaction took place in Jay County.
The check was processed through a financial institution and returned marked INSUFFICIENT FUNDS OR ACCOUNT CLOSED.
A notification letter was sent to check writer allowing 10 days to make the check good.
A check is Ineligible if...
It is post-dated.
Both parties knew there were insufficient funds at the time of transaction.
Is a third-party, stop payment, rent, credit card, or payroll check.
The identity of the check writer is unknown.
There is no amount, date, or signature on the check.
The numeric and written amounts on check do not match.
The check was held for an agreed time or was payment on an account.
If the check has not been processed through a financial institution.
If the check was marked by the financial institution "NO ACCOUNT", "FROZEN", "REFER TO MAKER" or "UNABLE TO LOCATE ACCOUNT".
Check which have been given to a private collection agency for collection.
Checks ineligible for the Jay County Prosecutor's Office Bad Check Collection Program may be pursued via small claims court or by a private collection agency. Required Information: 1. The check must contain at least one of the following at the time it is accepted by you:
DATE OF BIRTH
SOCIAL SECURITY NUMBER
DRIVER'S LICENSE NUMBER
*Obtain these from valid identification* 2. The person accepting the check must be able to identify the writer of the check. 3. The check must be complete. Make sure the date and year are correct and the person signed the check.
Tips for Accepting Checks:
REMEMBER, YOU ARE NOT REQUIRED TO ACCEPT A CHECK FROM ANYONE.
Confirm the identity of check writer:
Request to see a form of photo identification. Identify the check writer by date of birth, social security number or driver's license number.
Accept checks only written with today's date.
Pre- or post-dated checks are not accepted in the Bad Check Collection Program and cannot typically be criminally prosecuted. This restricts any recourse you may have against the check writer if your own collection attempts fail.
Make sure written amounts and numbers correspond.
Banks will not honor checks with discrepancies between written amounts and numbers.
The complete address should be imprinted on the check.
Require a street address, in addition to a P.O. Box number. Obtain a phone number as well.
The signature should be legible and signed in the presence of the individual accepting the check.
Do NOT accept previously signed checks. For a company check, it is vital that the signature is legible. If not, print the individual's name on the front of the check.
Avoid accepting checks drawn on an out-of-state bank.
