| Information of Bad
Checks The Old Town Police
Department will gladly investigate all complaints of insufficient fund checks, and those
marked "account closed". As a matter of fact, the Police Department
investigates several of these cases on a regular basis. Check fraud is also one of
the leading white collar crimes in this area.
To make a report to the Police Department,
there are some things that you MUST do. The District Attorney will
not prosecute any check cases unless the following conditions are met, and the Police
Department will not initiate an investigation until and unless the requirements outlined
below are fulfilled.
What You Must Do!
- Attempt face to face contact with the check
passer in an attempt to collect payment.
- If this fails, you must send a five day
demand notice via registered mail with restricted delivery to the addressee only.
- Document all of your efforts to collect the
check.
If your efforts to collect payment fail,
you must then come to the Police Department and obtain a "bad check
packet". This must be completed in full, and contain the ORIGINAL check, a copy
of the letter you sent and the post office receipt for certified mail showing delivery or
non-delivery. INCOMPLETE PACKETS WILL NOT BE ACCEPTED.
What We Will Do!
Once a completed check packet is turned in
with the necessary documentation, the complete packet is forwarded to the Detective
Division for investigation.
Generally, the Detective will locate the
party involved and serve them a five day notice in hand, and also issue a court
summons. If payment is made prior to the five day deadline, the case is not
prosecuted. If the person fails to make payment, the case is then forwarded to the
District Attorney for prosecution in criminal court.
Other Guidelines You Need to Know
About!
- Checks older than 120 days will not be
accepted.
- Checks are accepted for criminal prosecution
only, and will not be returned.
- Post dated checks, or checks that you agree
to hold before depositing will not be accepted.
Please see below for a copy of the bad
check packet. The packet contains an instruction sheet and a sample five day demand
notice. If you still have questions, or need assistance in completing the packet,
you may call the Police Department at (207) 827-6358.
Instructions
- Checks older than 120 days will not be
accepted for prosecution.
- Checks are accepted for criminal prosecution
only and are not returned if prosecution is initiated.
- This entire report must be completed
legibly. Please print or type.
- Checks stamped "closed account" or
"account closed" will be accepted with this form, but will not result in
prosecution unless subsequent police investigation shows that the passer knew the account
was closed.
- Post dated checks, or checks that you agreed
to hold before depositing will not be prosecuted.
- A 5-day statutory demand notice must be sent
to the passer in each check case by certified mail with restricted delivery to addressee
only. In the event it is a company check, the agent for the company may sign.
In addition, you should attempt to make personal "face to face" contact with the
passer concerning the check, and document your efforts. Do not submit a check in
this form for possible prosecution unless you are satisfied that the passer intended to
defraud you, and that you would participate in prosecution even if the passer attempted to
pay off the check at some future date. Use only (1) report form for each check
submitted.
- Submit with this form the original
check, a copy of the bad check notice you sent and the post office receipt return showing
its delivery or non-delivery.
- This form must be signed by the person in
position of responsibility, e.g., manager, cashier, owner, etc.
- Please return this form and the required
documentation to the law enforcement office from which it was originally obtained.
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