How to handle worthless checks in Douglas County, Kansas. Below is a list of instructions on how you can proceed.
District Attorney Charles Branson
Is this worthless check prosecutable?
In order to determine if your check is one in which we can prosecute, you must be able to answer "yes" to the following questions:
- Was the check passed in Douglas County, Kansas?
- Was the check returned either Insufficient Funds or Account Closed?
- Are you able to positively identify the maker of the check either by personal knowledge or through means of identification taken at the time the check was passed?
- In order to request a warrant we must have a verifiable source of identification for law enforcement.
- A verifiable source of identification is date of birth, social security number or driver’s license number.
- Are you prepared to see the prosecution of the check through even though you may receive restitution?
- If the check was postdated, or the maker of the check asked you to hold the check, did you present the check for payment either on or following postdated or hold date?
What am I required to do to start this process?
You are required to send a letter, such as the one listed below under related documents, to the maker of the check at the address reflected on the check. If you have a better address, then a letter should be sent to both addresses. The letter must be sent by certified mail, restricted delivery, with a return receipt requested. If the letter is sent correctly, it is presumed that legal notice has been given whether or not the check writer receives the letter. It will cost you approximately $11.54 in postage to send the letter the correct way.
Can I add a service charge for the worthless check?
You are allowed, under K.S.A. 21-5821, to request a service charge not exceeding $30 on the returned check. After your check is submitted to our office we will make all attempts to collect this additional $30.
What do I do once I receive the letter back or a return receipt?
After you have received the return receipt (green card) or the letter has been returned to you, bring the check, or certified copy of the check, a copy of the letter you sent, the return receipt or undelivered letter (whichever is applicable), along with the completed Offense Report and Affidavit of Prosecution to this office. You must complete a separate Affidavit of Prosecution and Offense Report for each check and the affidavit must be notarized. This office will not accept bad checks for prosecution unless the Offense Report and Affidavit of Prosecution have been completed accompanied by all supporting documentation.
What will happen after I submit the worthless check for prosecution?
After you submit your checks for prosecution, we will mail you a receipt for the bad check. In most cases, our office will attempt to contact the bad check writer by mail giving him/her seven days to pay the check through the District Attorney’s Office before criminal charges are filed. If the bad check writer does not respond to our attempts, we will file a criminal charge against him/her. Either a summons or a warrant may be issued for the maker of the check. You will be notified by subpoena to appear if a hearing or trial is scheduled. We also subpoena the person who accepted the check, the person who wrote the certified letter, and the person who mailed the certified letter.
What happens if the worthless check writer sends me restitution?
Once the check is submitted to the office, it is imperative that restitution be paid to us. Please do not accept restitution directly from the bad check writer. If you receive restitution through the mail, notify us at once.
Who can I contact for more information on worthless checks?
If you have any questions or problems, please feel free to call the Worthless Check Division at 785-841-0211. Our staff will be happy to answer your questions.