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 merchant MUST complete a Check Deception Affidavit and forward it to the Check Deception Program (CDP) in the Prosecutor's Office within ninety (90) days of the check being returned.
The original bad check(s) or legal copy must also be attached to the Affidavit and mailed or hand delivered to the CDP at the Prosecutor's Office.
The check MUST include name, address, phone number, and at least one positive identifier (driver's license number, date of birth, or social security number) recorded at the time of the transaction.
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 may prosecute on checks up to two years from the date the check was written.
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.
- Positive identification (driver's license number, date of birth, or social security number) was recorded at the time of the transaction.
- Under our new program, checks are now eligible even if they are out of state.
A check is ineligible if:
- It is post-dated.
- Two-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
Driver's license number, social security number or date of birth.
Do Not Accept
Out of State checks.
Partial Payments (partial payment nullifies prosecution).
Payment after the check has been sent to our office for prosecution.