Hendricks County Prosecutor
Check Fraud

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 BAD CHECK AFFIDAVIT

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HENDRICKS COUNTY BAD CHECK PROGRAM

 

We have designed the HENDRICKS COUNTY BAD CHECK PROGRAM  to  assist the honest individual, the merchant, and the professional in reducing losses due to criminal check deception. We ask that those who wish to participate follow all guidelines and procedures set by our office.

Most importantly, you are asked to take the time to identify each check writer, identity can be established by requesting to see a picture identification that contains, driver ‘s license number, date of birth,  telephone number ,address, place of employment.

Our office reserves the right to refuse any checks that do not have sufficient  information recorded.

If a check was received in Hendricks county, our program will accept checks under the following conditions:

Non sufficient funds, closed account, no account, unable to locate account, refer to maker.

 (       PROCEDURES to follow when accepting checks.

Educate employees:          Make sure check is completely filled out

Idenity must be established, picture id, drivers license, address, telephone number,  you must have at least two of these identifiers on the check, in order to charge a person with a class A misdemeanor.

Do not accept the check if the name printed is not the same name as the person issuing  the  check.  Compare all info on the check with the person writing it.

Company checks should have the writer’s name visibly written on the check , if not already in print.

Do not accept two party checks, or postdated, do not agree to hold a check, do not accept partial payment on a check.

(   PROCEDURES to follow after receiving a bad check:

Never hold a returned check past 60 days, send it to the prosecutor as quickly as possible.

A printed or typed bad check affidavit must be completed,( it can be down loaded from the prosecutors web site), for each bad check writer the program requires that the original check be sent to the prosecutor along with the bad check affidavit, it can either be mailed or delivered to the office. Never accept payment after the check has been submitted to the program.

A letter from the prosecutor’s office will be  sent  via first class us mail to the writer requesting payment be made to our office within 10 days.

The request will include a $27.50 protest fee, and $27.50 service fee to be paid per bad check. The $27.50 protest fee will be collected on behalf of the victim and the $27.50 service fee will be collected on behalf of the Prosecutor’s  office to defray the costs of the bad check program.

If full payment is received, the victim will be issued a check by the prosecutor’s office, if payment is not received, the prosecutor’s office will pursue criminal charges.

State Statute:   35-43-5-5 check deception:

    A person who knowingly or intentionally issues or delivers a check, a draft, or an order on a credit institution for the payment of a or to acquire money or other property, knowing that it will not be paid or honored by that credit institution upon presentment in the usual course of business, commits  check deception, a class A misdemeanor. however,  the offense is a class D felony if the amount of the check, draft, or order is at least  two thousand five hundred dollars(2,500.00) and the property acquired by the person was a  motor vehicle.

Remember:   the following two (2) items constitute prima facie evidence of the identity of the maker of a check, draft or order if at the time of its acceptance they are obtained and recorded, either on the check, draft, or order itself or on file, by the payee.

1.        Name and residence, business, or mailing address of the maker.

2.       Motor vehicle  operator’s license number, social security number, home telephone number, or place of employment of the maker.   More  information, feel free to call  Gale  Hutte,    317-745-9829  coordinator of Bad Check Program

Office hours are Monday through Friday 8:00 a.m. to 12:00 p.m. 1:00 p.m. to 4:00 p.m.

e mail:    dhutte@co.hendricks.in.us   address: Hendricks County Prosecutor, att: Gale Hutte

1 Court house Square  Suite 105   Danville , in 46122

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