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Daniel K. Knight

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Requirements for Bad Check Prosecution

In order to win a prosecution of a bad check case in court, the prosecutor must be able to prove that a specific defendant wrote a specific check. Since many weeks may have passed from the time you accepted the check until the time of testifying, we require you to have followed these procedures:

  1. Require the check(s) be written in your presence and be legible.

  2. Require the driver's license number of the person writing the check and the state where the license was issued be recorded or written on the check. Compare the person in the photograph to the person in front of you to make sure they match. If the photo does not match the person presenting the check, you may refuse the check.

  3. Require a current address.

  4. Checks taken by employees should always be initialed by the person accepting the check.

  5. DO NOT ACCEPT CHECKS DRAWN UPON OUT OF STATE BANKS unless you are willing to accept the risk of loss.

Prosecution May Not Be Possible in the Following Situations

  1. If the person who accepted the check is unknown or not available.

  2. If the person who accepted the check cannot identify the check writer in court.

  3. If the person who accepted the check did not make a record of the driver's license and the state of issuance.

  4. If you made an agreement with the check writer to accept partial payments on the check.

  5. If you had an agreement with the check writer to hold the check.

  6. If the check is not dated or was post-dated.

REMEMBER: Cashing a check is a privilege, not a right. You are not required to accept a check from anyone. You have the right to insist upon another form of payment, i.e., cash, money order, debit, or credit card.

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