Definition

Deposit Account Fraud includes checks written without sufficient funds in the bank to cover them or if the check was written on a closed account. Almost all "bad checks" are grounds for a civil lawsuit, but only some form the basis for criminal action.

Jurisdiction

The Magistrate Court handles the issuance of warrants for the offense of deposit account fraud (bad checks).

Venue

For the prosecution of the offense of deposit account fraud is the county in which the check was delivered.

Filing Fee

The filing fee is $20 per warrant. Multiple checks from the same defendant that are less than $100 and within 90 days of each other may be processed on the same warrant for no additional fee. Checks should be made payable to Magistrate Court.

Procedures for Filing a Bad Check Warrant

The Clerk of Magistrate Court provides forms required for a Bad Check Warrant (PDF). An applicant may appear in person in the office of the Clerk of Magistrate Court and the clerk will assist in the filing of the paperwork. All forms mailed must be completely filled out, properly signed and notarized. View the Bad Checks Steps (PDF).

Identification of the Defendant

Since the application may result in the issuance of an arrest warrant, proper identification of the defendant is required. In order for an application to be processed, the applicant must provide at least one of the following identifiers for the defendant: date of birth, social security number, or a driver's license number.

Required Documents

To pursue criminally, the following documentation is required at the time of the filing with the Magistrate Clerk:

• The bad check (original copy from bank)
• A copy of the 10 Day Letter (PDF) that you mailed certified to the customer
• Certificate of Notification (PDF): this form is used to certify that you mailed a 10 day letter.
• Certified Receipts or Returned Certified Letter
• A completed Bad Check Application (PDF)
• $20 for each check you are submitting for over $100 each

Statue of Limitation

The Statue of Limitations is 2 years for a misdemeanor and 4 years for felonies. Any checks in the amount over $500 or an out of state check are considered a felony.