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A bad check is a check that is not honored when presented at the bank. The bank may indicate that the check wasnt honored due to insufficient funds, account closed, stop payment or some other reason. If the bank returns the check to you or informs you that the check wasnt honored, then you can submit the check or a bank certified copy of the check to our unit for review, and we will identify whether or not we can help you obtain restitution. If we are unable to help you because of the nature of the circumstances surrounding your case, we will return the check with an explanation.
Before a check can even be considered for prosecution, it must have been deposited with your bank, even if you suspect the check will not clear. Also, the law requires that you first send a written notice by certified mail to the person who wrote and passed the bad check to you or your business.
We cannot prosecute any of the following types of checks:
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Checks that do not show payee, date, amount or signature.
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Checks that are pre-dated or post-dated, or where an agreement was made to hold the check for later payment.
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Checks, other than to a licensed gaming establishment, for which you have later accepted partial payment.
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Checks for which identification of the check writer and person accepting the check cannot be ascertained.
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Checks drawn from out-of-state banks under $250.00.
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Checks not written or passed within Clark County .
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Checks involving an extension of credit, other than to a licensed gaming establishment.
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Checks that are altered or suspected of being forgeries or counterfeit.
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Checks written for less than $25.00.
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Two-party checks. |