INSTRUCTIONS FOR PROCESSING A BAD CHECK
The following is basic information for processing a bad check claim. A link to a sample letter can also be found at the bottom of this page that you can use to notify the person that issued the check to make payment.
1. Bad checks are those that are issued and returned by the bank due to either "Insufficient Funds", or "Account Closed".
2. Checks must have been issued in Newtown, Connecticut, by hand delivery, or through the mail.
3. Bad checks are those where NO Partial Restitution has been made, or promised.
4. At the time of negotiation, the actual person who is cashing the check, not the person named on the check, must have presented sufficient identification. "Sufficient Identification" means:
· A photo operator's license, or;
· Two other forms of identification
Note: The type of identification used and any numbers appearing in the identification must be indicated on the back of the check, i.e., Connecticut Operator's License #123456789.
5. Checks that do not apply are:
· Post-dated checks
· Stop payment checks
· Checks where partial restitution has been made
6. You must notify the person who issued the check by certified mail, return receipt that the check has been returned. The person then has eight (8) days to make payment on the debt. If after eight (8) days payment has not been received you may then proceed with a criminal investigation. The letter on the next page is a sample letter you may use.
7. The alternatives to criminal prosecution are:
· File a complaint with the Superior Court, Small Claims Division, Danbury, CT (203) 207-8600.
· Use a Collection Agency to recover bad debt.
8. Please have the following information available when making a complaint to the Newtown Police Department:
· The returned check.
· A copy of the letter sent to the person issuing the check.
· A copy of the returned receipt showing the date of letter was delivered.
· Any other information you feel would be pertinent to the investigation.
9. Mitigating circumstances may be reviewed on an individual basis.
If you any questions, or need additional information, please contact the Newtown Police Department Detective Division @ (203) 426-5841.
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