Bad Check Cases
The Taylor Police Department participants in the Wayne County Prosecutor’s Bad Check Restitution Program. This program allows for certain non-sufficient funds (NSF) checks and account-closed checks to be processed with the goal of full restitution. If unsuccessful, the victim will be referred to the Police Department to file a formal complaint. Once a police report is taken, it will be assigned to a detective for investigation.
BAD CHECK RESTITUTION PACKETS: Bad Check Restitution Packets are available, free of charge, 24-hours a day, at the Taylor Police Department, 23515 Goddard Road, just east of Telegraph Road.
For a downloadable copy of the Bad Check Packets click here.
How to avoid being a victim:
- Know you are not required by law to accept a check.
- Create written policies and procedures for accepting checks.
- Insist on two pieces of identification, one of which should be a driver’s license with a photo.
- Write the license number or identification number under the signature.
- Compare the photo with the check passer.
- Compare the signature on the check with the signature on the identification.
- Never take a check dated in advance.
- If a signature in not legible, request the passer to print his or her name below the signature.
- Follow established procedures and safeguards when accepting small checks as well as the large ones.
- Verify the numerical amount agrees with the written amount on the check.
- The initials of the person accepting the check should be written on the check.
- Use extra caution if a person’s name and address are not pre-printed on a check or if the sequence of numbers is low.
- Record a telephone number of the check passer on the check.
- If a criminal warrant is obtained, do not accept restitution without receiving permission from the prosecutor.
- The individual accepting the check should witness the check passer fill out and sign the check.
- Do not accept a pre-completed check from a second party.
Not all bad checks will be prosecuted in criminal court and may be civil in nature.
Prosecuting bad check cases:
- When the check was issued, you were relying on the check to be good.
- The check must have been processed by a bank. Once you have accepted the check, do not call the bank to determine if it is good before you deposit it. It must be deposited and returned NSF, Account Closed, No Account, Stolen or Counterfeit in order to be prosecuted.
- You must have two pieces of identification from the person. Identification must be recorded by the person accepting the check. One piece should be a photo driver’s license or state identification card. (Record the number on the check.) The other can be a credit card in the person’s name. The person who accepts the check must be available to testify.
What to do if you’re a victim:
- Pick up a Bad Check Packet from Taylor P.D. and follow directions.
- Send the 5-day notice to the check writer via certified mail.
- If no response and the check is under $1,000, submit the claim to the Prosecutor’s Bad Check Restitution Program.
- If you learn that it is counterfeit or stolen before you deposit it in the bank, it is not necessary to deposit the check.
- Protect the check for fingerprint evidence by handling it by the edges and placing it into an envelope.
- Make a police report.
- Do not accept partial restitution. No further criminal investigation can legally be initiated if you do. You will have to proceed in civil court.
- If you receive full restitution, contact the detective immediately.
Civil Case Options:
- Formal lawsuit
- Small Claims Court
- Most claims in this area are handled by the 23rd District Court, which is located at 23365 Goddard Road, Taylor, MI 48180-4116, phone number is (734) 374-1334.
Checks that are usually civil in nature include:
- Post dated checks.
- Checks received in the mail.
- Payroll checks that are non-sufficient funds.
- Checks that are written to repay a loan.
- Rent checks
- Payment of services or goods that were delivered.