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In order to submit a check to our office for collection or prosecution, the law requires that you first send written notice to the person who wrote and passed the bad check to you or your business. This notice must be sent by certified mail. The notice should be sent to the address printed on the check, or at the last known address, and should inform the maker that the check was dishonored. Retain a copy of the notice for future use. Sample form letters are printed at the back of this booklet.
If the maker fails to redeem the check within ten (10) days after the written notice is mailed, the law presumes the check was passed with the intent to defraud. If you have not been paid for the check by the end of this ten-day period, you may request that this office commence a procedure to obtain restitution or prosecute the writer of the check. This is done by completing a Bad Check Complaint Form (one of these is in your packet). Attach the original check returned by the bank, a copy of your 10-day notice sent to the check writer with the certified mail receipt. Later, when you obtain a copy of your bank statement showing actual costs charged for the returned item, you should send this to our office, too.
If the offender contacts you after you have sent the bad check to our office and wants to pay off the check, you must refer him to the Clark County District Attorneys Office. Do not accept full or partial payment on the face value of the check. Doing this will end all efforts by our office to obtain restitution on your behalf.
To redeem the check, the offender must contact our office and pay off the check and fees completely. We will send you a restitution check by mail within two weeks after the bad check restitution and fees have been paid to our office.
If your testimony is required in Court, we will notify you of the time and place, by
Summons. If you do not appear when required, our ability to pursue the matter any further on your behalf probably will end. |