Bad Check Recovery/Diversion Program

 
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In order to qualify for the Bad Check Recovery/Diversion Program, the check must have been returned from a financial institution marked either Non-Sufficient Funds (NSF) or Account Closed. There are two forms that must be completed for the program - the 5 Day Notice Form and the Bad Check Complaint Form. Please feel free to copy the forms as needed for future use.

A check is eligible for the program if:

  • It is received in Calhoun County
  • The 5 day notice was sent and no restitution agreement was reached.
  • It is less than 90 days old.
A check will not be eligible for any of the following reasons:
  • It is post-dated, or an agreement is made to hold the check for a certain time before cashing it.
  • It was accepted knowing there were not sufficient funds.
  • It is a two-party, government, stop payment or payroll check.
  • The identity of the writer is not known.
  • The check was not processed by a financial institution
  • The numeric amount does not match the written amount.
  • There is no amount, date or signature on the check.
  • It was issued for payment of credit card or loan debt, installment contract, or other pre-existing debt.  Remedies for these matters are available in Small Claims Court.
  • It was issued solely for the payment of labor.  Remedy for this is available through the Michigan Department of Labor.
Fill out the 5 Day Notice to the bad check writer and send it certified mail, return recipt requestedYou must keep a copy of this form. You must also wait for 5 business days after the delivery date shown on the return receipt to see if the writer contacts you to resolve the matter.
 
If no resolution is reached, complete the Bad Check Complaint Form. Every effort should be made to answer all questions on the form. Incomplete forms may cause a delay in processing your case and could have a negative impact on prosecuting the case, should that become necessary.
 
 
After completing the Bad Check Complaint Form, send the following to our office - a photo copy of the check in question (front and back), a photo copy of the 5 Day Notice, a photo copy of the Bad Check Complaint Form, a photo copy of the certified, registered mail receipt, and a photo copy of either the signed return card or the non-delivered letter (whichever the postman returned to you). Also include copies of any further documents that may be useful in proving your case (transaction records, video of the transaction, etc). File all original documents in a safe place for use in possible future prosecution.
 
 
You may mail or bring these copies personally to our office. We are located on the 1st floor of the Justice Complex in Battle Creek. Please do not fax the documents. Our address is:
 
 
Calhoun County Prosecutor's Office
Bad Check Recovery/Diversion Program
c/o Investigator Tim Lepper
161 E. Michigan Ave
Battle Creek, MI 49014
 
Once the complaint has been filed with our office, do not accept payment.
 
Investigator Lepper will make every effort to recover your loss within 60 days. Victims with questions about the program can contact Investigator Tim Lepper at 269-969-6938, or by e-mail.
 
 
 
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