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Bad Check Restitution Program
Businesses Issued Bad Checks Can Collect through the Prosecutor's Bad Check Restitution Program!
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Make personal contact with the check writer; if you are unsuccessful, send a courtesy notice. The check writer has 10 days to respond and remit treatment.
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If you do not hear from the check writer or receive payment, contact the Bad Check Restitution Program at 877-841-4265 for a crime report.
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Fill out the crime report, attach originals (you retain photocopies) of all checks and notification documents, such as return receipts and bank notices, and mail to:
Marion County Prosecuting Attorney
Bad Check Restitution Program
P. O. Box 441368
Indianapolis, IN 46244-1368
Victim Services: 877-841-4262
Toll Free: 866-581-7293
A check is eligible for the program if...
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The amount is no more than $2,000 (or multiple checks not exceeding this limit). There are no minimum dollar restrictions.
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It was received in Marion County, deposited in a bank in exchange for goods or services presumed "good" at the time of acceptance.
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A "statutory notice" is sent to the check writer allowing 10 days to make the check good.
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It is submitted to the program within 90 days from the date on the check.
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A photo ID (drivers license, state identification card) was recorded at the time of the transaction.
A check is ineligible if...
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It is post-dated.
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Both parties knew there were insufficient funds at the time of transaction.
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It is a two-party, government or stop-payment check.
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The identity of the check writer is unknown
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There is no amount, date or signature on the check.
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It has not been processed by a bank.
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The numeric and written amount on the check does not match.
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The check involves an "extension of credit" or was payment on an account.
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It is an out-of-state check.
Checks ineligible for the Prosecuting Attorney Bad Check Program may be pursued via small claims court process or by a private collection agency.
CHECK ACCEPTANCE TIPS
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Institute a check acceptance policy. A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses.
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Accept checks written only with today's date. Post-dated checks are civil matters and are not accepted into the Prosecuting Attorney Bad Check Program.
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Trust your instincts! If something doesn't seem right, ask questions or ask for another form of payment. You are not obligated to accept a check.
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