Worthless Check Unit

Check Unit Packet for Merchants Download Adobe Acrobat Reader

1. The transaction must have taken place in Warren, Sharkey, or Issaquena counties.

2. All checks must be dated after July 1, 1988. We request that you file a complaint with the District Attorney promptly.

3. The Merchant must get the check writer’s name, residence and telephone number. The Merchant must also initial check witnessing the signing of the check.

4. All worthless checks must be stamped:

1. • Insufficient Funds; or
   • Account Closed

5. Checks will not be accepted if they are stamped:

1. • Stop Payment;
   • Uncollected funds:
   • Refer to Maker;
   • No such account (usually counter check)

6. The following checks will also not be accepted;

1. • Checks on which partial payments have been made;
   • Postdated checks;
   • Two party checks;
   • Forgeries (all forgeries should be forwarded to appropriate law enforcement agency).

7. A fifteen (15) working days notice must be mailed by certified mail, return receipt requested, to the exact address as given on the check by the maker. The check writer must be given fifteen days from receipt of your letter to make the bad check good. After the fifteen days are over, you may swear out a bad check affidavit at the D.A.’s Office. The sworn bad check affidavit must be attached to the complaint which is filed with the District Attorney.

8. If the certified letter (notice) is returned undelivered, no waiting period is required and you may file a complaint at that time.

9. You must bring or mail the following when presenting a complaint to the District Attorney in the following order:

1. • Original check
   • Criminal affidavit
   • Copy of certified 15 day legal notice letter
   • Completed worthless check complaint
   • Certified mail receipt (Proof of purchase)
   • Return receipt request card (green card) if signed for. If the certified letter is returned unclaimed, send the unopened letter.

10. A worthless check complaint must be filed in our Office for each check you wish to submit to the District Attorney.

If, after filing a Complaint with the District Attorney, you wish to withdraw the complaint for good cause, Mississippi Law requires that you pay a fee of Thirty ($30.00) Dollars to the District Attorney for processing such complaint. The law provides an additional tool for obtaining restitution on bad checks. It is in addition to existing law but does not supplant it. The merchant or individual is still at liberty to pursue conventional criminal prosecution if for any reason it is deemed to be more appropriate in a given case. If you choose to prosecute criminally, go to the appropriate law enforcement agency as you have done in the past.