Union County Attorney's Office

Bad Check Procedure

I. Taking the check:

A. Identify the individual writing the check. Including: Name, Address, Phone number; if there are any questions, ask for additional identification, for example: Driver's license, major credit cards.

B. Identify the person taking the check. This may be done by merely initialing the check or some other method approved by the merchant.

II. When the check "Returns":

A. Fill in a "Complainant Information," and example of which is attached
marked Exhibit A.

B. Determine the reason the check was returned.

1. If the check is returned because of Insufficient Funds:

a. Send a Ten Notice to the individual, an example of which is attached marked Exhibit B. Keep a copy of the letter for your file.

b. If the letter is undelivered or unclaimed, the Ten Day Notice should be delivered to the Union County Sheriff for personal service to the individual.

c. If, after ten (10) days have passed and no arrangements have been made for payment or no payment is received, contact the Union County Attorney. (Section III)

2. If the check is returned because of No Account, Account Closed, unauthorized signature or any other reason other than Insufficient Funds, proceed to Section III.

III. Union County Attorney

A. If previous collection efforts have failed, take the check, the Complainant Information, and a copy of the Ten day Notice with green receipt from certified mail (or Sheriff's receipt) if for an Insufficient Funds Check, to the Union County Attorney's Office located at the Union County Courthouse in Creston, Iowa.

B. At this time the County Attorney will prepare a Complaint and Affidavit if charges are to be filed.

1. When the Complaint and Affidavit is ready, the merchant can pick up the Complaint and Affidavit and file it with the Clerk of Court at the Union County Courthouse.

IMPORTANT: After the Complaint and Affidavit is on file, the merchant should not take any payment from the individual without first obtaining court approval.

C. Soon thereafter the individual who wrote the check will make an initial appearance and will plead either:

Guilty, resulting in a fine and restitution (payment of the amount due) for the check, or Not Guilty, resulting in a date set for a hearing.

1. If a hearing is required, the merchant and the who took the check for the merchant should be present at the hearing to testify in regard to the matter.

IV. Court Determination:

A. If the individual is found guilty, they will be required to pay a statutory fine and restitution (the amount due) on the check. The person will normally pay the Clerk and she will forward a check to you for the amount within a week after the hearing.

Note: If for any reasons there is no restitution, the Small Claims Court is still an available avenue for collection of the debt.

Note: Iowa Code 720.1