Frequently Asked Questions - Bad Checks
1. I have received a bad check, what can I do?
2. Can I pursue criminal prosecution of a bad check?
3. What are the elements of the offense of deposit account fraud?
4. Where should the offense of deposit account fraud be prosecuted?
5. What reasons for dishonor of the check will support a criminal prosecution?
6. What is meant by present consideration?
7. What defenses may be raised to bad check prosecution?
8. What steps should be taken to insure a bad check can be collected?
9. What information should I bring to court to start prosecution?
10. Are there forms that I must fill out?
11. What is a bad check arrest warrant?
12. What cases are prosecuted by warrant?
13. Where are deposit account fraud cases tried?
14. What is the form of the notice that must be sent?
15. What is the deposit account fraud (bad check) statute?
16. What if a criminal prosecution cannot be made on a bad check I have received?
17. When can I proceed to collect damages in a civil case?
18. What damages can I recover?
19. How can I recover additional damages?
20. What should my letter say?
21. What if I don't get the money after sending the letter?
22. What if my case does not fit either the criminal or civil bad check damages criteria?
23. What is the statute governing civil collection of bad checks?