When the bank notifies you that a check is bad:
- An attempt should be made to contact the drawer of the check, by telephone or mail, advising them that their check check was returned by the bank and you are requesting them to correct the situation.
- If no payment is received, protest the check at the bank. (The protest should occur within 30 days.)
- On the same day the check is protested, send a letter to the drawer by registered mail, return receipt requested, notifying the person that his/her check was returned from the bank and payment is demanded within 10 days.
- Wait 10 days for payment (If the registered or certified mail is returned undeliverable or no payment is received, proceed to the next step).
- Make a formal complaint to the police. Turn over the check, Certification of Protest, a copy of the letter sent by registered or certified mail and the Return Receipt card from the Post Office.
- The individual accepting the check must sign a supporting deposition verifying the identity of the defendant at the time the check was passed, or that they have direct personal knowledge as to the identity of the person passing the check.
- The Police Officer will send all paperwork to the East Rochester Court. The Court will issue a criminal summons to the check writer demanding that the writer appear in court to make good on the check.
- The Court then settles the amount and sends it to the person owed, or the Court may issue a Warrant of Arrest.
- Bad check charges must be filed within 90 days of the utterance of the check.
Note: No post dated, third party checks, stop payment, partial payment received, or checks which the marker requested be held for a period of time before cashing, will be accepted.
Fraudulent Check Judgement Sample (PDF, 4.49 MB)