What to do if you get a bad check
Missouri law is very clear on what to do if you receive a bad check. Here is the process and some general ideas of the procedure here in Jackson County:
First, get the check to the Bad Check Unit (BCU). You can bring it in or mail it to us. The Bad Check Unit is located at 321 W. Lexington, Ste. 100 in Independence, Missouri, and the phone number is 881-4640. We will need the original check, or the "substitute check" provided by your bank, along with the completed Complaint/Probable Cause Statement which you can download from this website.
The BCU will send a ten-day notice letter to the issuer of the check. This notice is required by law and allows the issuer to bring the money, including administrative and collection fees, to our office within ten days of the postmark date of the letter. Most cases are resolved at this stage.
If all fees and restitution are not paid within this ten-day period, the issuer is required to attend an intake session. At intake, the issuer again is provided an opportunity to pay all restitution and fees. At this stage, the bad check writer will also be required to attend a seminar on how to manage a checking account.
After all attempts to seek payment of the dishonored check fail, then our office may initiate criminal proceedings. There are many factors that go into the decision to pursue
criminal charges. Once criminal charges are filed, the bad check writer is also given another opportunity to make good on the check. The BAD CHECK UNIT will process and prosecute your check at no cost to you. In fact, the BCU will collect a fee, in addition to the face amount of the check, to help you recoup any of the costs you are charged by your bank for the checks return.
When all else fails, and the issuer fails to make restitution to the victim, the check writer faces felony and/or misdemeanor prosecution. If convicted, the check writer may be placed on supervised probation and required to pay restitution over a number of years. In some cases, the check writer may even have to serve jail time.
For additional information on the Check Enforcement Program or:
- To request a speaker for your organization
- To request Loss Prevention Training for your business or group
- To receive a Merchant Packet which includes informational brochures, guidelines and stickers
Please contact:
Jackson County Prosecuting Attorney's Bad Check Unit
321 W. Lexington, Ste. 100
Independence, MO 64050
Phone: (816) 881-4640
Fax: (816) 881-4526
