The Indiana Code, Section 35-43-5-5, Provides:

"A person who knowingly or intentionally issues or delivers a check, draft or order on a credit institution for the payment of or to acquire money or other property, knowing that it will not be paid or honored by the credit institution upon presentment in the usual course of business, commits check deception, a class A misdemeanor."

Information Needed to File Charges

• The Victim/Merchant must send a letter of notice to the check writer by certified mail 10 days before submitting the check to the Prosecutor's Office.
   

• Upon expiration of the 10 days, the Prosecutor's Office must be provided with the original check, verification of certified mail, and positive identification of the check writer.  A Check Deception Affidavit must also be filled out by the merchant.
   

• The check writer's driver's license number, social security number or date of birth must be provided before charges can be filed.

Department's Procedure

• PRIOR to filing a criminal charge, a letter will be sent to the check writer in an attempt to collect the delinquent amount.
   

• The Monroe County Prosecutor will prosecute on checks that have been written within one year of the date filed.
   

• Upon the collection of the funds, this office will charge the check writer $20 per check or 5% of any check over $200. Check Deception will retain $10 of the service fee which is donated to the county general fund.

The Monroe County Prosecutor will Pursue Prosecution on Insufficient Funds or Closed Account Checks

A check is eligible if:

• The check was accepted in Monroe County and deposited in a bank, and presumed "good" at the time of acceptance.
• A notice was sent to the check writer allowing 10 days to make the check good.
• It is submitted to the Check Deception Division within 1 year from the date on the check.
• Positive identification (driver's license number, date of birth, or social security number) was recorded at the time of the transaction.

A check is ineligible if:

• It is post-dated.
• Out of state, 2-party, or "stop payment".
• It has not been processed by a bank.
• The identity of the check writer is unknown.
• Both parties knew there were insufficient funds at the time of the transaction.

Guidelines for Check Acceptance

DO OBTAIN
Driver's license number, social security number or date of birth.

DO NOT ACCEPT
Counter checks.
Two-Party checks.
Post-Dated checks.
Out of State checks.
Partial Payments (partial payment nullifies prosecution).
Payment after the check has been sent to our office for prosecution.

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