Bad Checks

As your prosecuting attorney, I am very concerned about the impact passing bad checks has on local businesses and individuals. Millions of dollars are lost each year as a result of this ongoing problem. In response, our office policy includes a strict, no dismissal approach to prosecution of bad checks, with our primary goal to obtain full financial restitution for the victim.

There are three types of "bad checks" which can be prosecuted. The procedures for insufficient funds and stop payment checks are further described below. If, however, you have a forged check (someone without authority signed the check) or a fraudulent check (where the check is on a fictitious account) you should immediately contact the law enforcement agency where the check was passed or delivered.

If you receive an insufficient funds check or a stopped payment check, AND it is passed in Nodaway County AND it meets all requirements for prosecuting a bad check, you will need to:

1. Send a statutory notice using the form for insufficient funds checks or stop payment checks.

2. Follow the procedures in the bad check packet.

3. Wait at least ten (10) days after the writer of the check receives the written notice (the date will be on the return receipt card). 

4. If the check remains unpaid, you will bring the following to the Nodaway County Prosecutor's Office:

     • the original bad check
     • the original document showing written notice was received by the check writer
     • a completed 
bad check submission form
     • a completed probable cause affidavit for insufficient funds checks or probable cause affidavit for stop payment checks

5. You must have the social security number or driver's license number and date of birth of the person who wrote the check

These documents can be downloaded at this site. Please call the Nodaway County Prosecutor's Office at (660) 582-8285 if you need a copy mailed to you.

Additional documents are available on this site or through our office to assist you in the process for handling bad checks received by you, including the following:

• Bad Check Collection Procedures
What Do I Do If I Receive a Bad Check?
Can My Check Be Prosecuted?
Should I Take The Check?
Frequently Asked Questions
Insufficient Funds Check Notice
Insufficient Funds Check Affidavit
Stop Payment Check Notice
Stop Payment Check Affidavit
Check Submission Form