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ECONOMIC CRIME UNIT
THERE IS NO CHARGE TO MERCHANTS FOR THIS SERVICE
1. The transaction
must have taken place and the check received in Pearl River, Lawrence,
Marion, Jefferson Davis or Lamar counties.
2. All worthless
checks must be stamped -
A. Insufficient
Funds; or B. Account Closed.
3. Checks will not
be accepted if they are stamped:
A. Stop Payment;
B.Uncollected
Funds;
C. Refer to
Maker;
D. No Such
account (usually counter check).
4. The following
checks will also not be accepted:
A. Checks
on which partial payments have been made;
B. Postdated
checks;
C. Two party
checks;
D. Forgeries (all
forgeries should be forwarded to law enforcement agency for other
prosecution).
5. A statutory demand letter must be sent out by regular mail or by certified mail, return receipt
requested, to the last known. The
check writer must be given fifteen days from receipt of your letter to
make the bad check good.
6. If the certified
letter (notice) is returned undelivered, no waiting period is required
and you may file a complaint at that time.
7. You must bring or
mail the following when presenting a complaint to the District Attorney
in the following order:
A. Original
check;
B. Completed
worthless check complaint;
C.
Affidavit of service by mail (if letter was sent out regular mail) or proof of certified mail - either the signed return receipt request card or the returned unclaimed certified envelope.
8. A worthless check
complaint must be filed in our Office for each check you wish to submit
to the District Attorney.
9. If, after filing
a Complaint with the District Attorney, you wish to withdraw the
complaint for good cause, Mississippi Law requires that you pay a fee
of Thirty Dollars ($30.00) to the District Attorney for
processing such complaint.
The law provides an
additional tool for obtaining restitution on bad checks. It is in
addition to existing law but does not supplant it. The merchant or
individual is still at liberty to pursue conventional criminal
prosecution if for any reason it is deemed to be more appropriate in a
given case. If you choose to prosecute criminally, go to the
appropriate law enforcement agency as you have done in the past.
INSTRUCTIONS,
DEMAND LETTER, AND COMPLAINT FORM FOR FILING A BAD CHECK COMPLAINT
ECONOMIC CRIME UNIT FOR BAD
CHECKS (LOCATION)
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