Bad Check Procedures  Last Updated 2/18/2008

Bad Check Screening

Prior to any check being accepted for criminal prosecution, a screening process will take place. This is done to minimize the initiation of unnecessary court proceedings and to enhance the complainant’s ability to successfully resolve bad check incidents by initially collecting needed information.

Upon receiving a complaint of passing bad checks (PBC), the investigating officer will conduct an initial screening of the incident to determine the proper course of action to resolve the complaint. The primary objective in the initial screening is to determine if a fraud is being perpetrated (criminal investigation needed) or that there is simply a civil dispute that can be addressed through the Civil Recovery Statute.

Our primary objective will be to prosecute cases where there is fraud involved. Our preference is to prosecute these cases in STBN Mayor’s Court for the conveniences of our businesses. In cases where fraud is not present it will be the preferred course of action to refer these cases to PCMS and their Check Resolution Service.

A  Police Officer will be dispatched to your home or place of business. The  Officer will screen your check to determine if a criminal investigation needs to be conducted utilizing the information you provide. You will need to give the original check to the officer along with a copy of the certified letter, and return receipt, that you sent to the passer.

If the screening of your bad check warrants a criminal investigation the officer will notify will file the charges in court, on your behalf. You may be needed to testify in court, regardless of whether the offense is a misdemeanor or felony. The Court may order restitution of the check if the offender is found guilty.

Indicators of a fraud being perpetrated may be (but not limited to) some of the following:

False name given (individual or business)

Non-existing address or phone number

Any articulable actions that indicate the subject is attempting to elude apprehension or identification.

In evaluating bad checks for probable cause, several items will be required prior to the initiation of a criminal investigation:  

The original check  

Information such as the Ohio Drivers License, or ID card written by the cashier NOT the check writer. Try to get the DOB and note the race and gender. This should be an observation of the clerk; it is not necessary to question the check writer. The check must have an inked right thumbprint of the check writer on any clear space on the check. The thumbprint must be legible.

The check must be drawn on a bank located in Hamilton County, Ohio or one, which accepts subpoena service.

The name and address of the clerk who can ID the check writer.

Submit the bad check to the bank twice. If the bank does not honor the check the second time, send the passer a letter stating the check has been returned by the bank. In the letter, give the passer 10 days to honor the check. Mail this letter certified mail, return receipt requested. After the 10 day period has elapsed, if the check has still not been paid, call the  Police Department. You must be able to present proof of certified mail service for CA and NSF accounts.

·         Copy of the letter sent by certified mail.

·         If other contacts have occurred regarding the check, provide that information to the officer, i.e. telephone contact in which the party acknowledges writing the check(s). Include the name and address of the employee with whom the contact has occurred.

·         The bad check complaint must be filed within three months of the issuance of the check.

·         The check must be for $25 or more.

Referral to private complaint mediation service (pcms)

Cases that do not appear to be an intentional fraud are appropriate to refer to PCMS (Check Resolution Service)and is the preferred course of action for check cases meeting the listed PCMS guidelines. Pamphlets are available from PCMS to handout explaining the check resolution service. Through the Check Resolution Service (CRS), businesses can schedule a hearing to attempt to resolve the bad check complaint. The business pays a $15 filing fee to the program, and a letter is sent to the bad check writer which notifies him/her of the hearing date and the time and tells the check writer to be prepared to pay the bad check amount, as well as any business fees and the filing fee. If the check writer fails to appear or make payment, the business can have the prosecutor review the case for possible warrant issuance.

PCMS check acceptance criteria

The check must have been passed in Hamilton County.  

It must be drawn on a bank in Hamilton County or surrounding county. NOTE: A check drawn on a bank outside of Hamilton County may be submitted, but before the hearing date the business must complete and bring to the hearing an “Out of County Financial Institution Subpoena Response Verification” form if the business wishes to present the case to the prosecutor for warrant authorization.  

The dollar amount of the check must be less than $500, and the check must be returned by the bank stamped NSF (Non-Sufficient Funds) or CLOSED ACCOUNT.

Case submission requirements

A case is defined as up to five checks written by one individual. Before submitting a case, the business must take the following steps:  

Advise the complainant to send a certified letter to the issuer indicating the check number, amount, account number and bank, and the reason the check was returned. The letter must explain that unless full payment is received within 10 days a criminal prosecution will be initiated.  

Complete a case submission form for each case and pay the $15 filing fee per case. Payment must be made by money order, cashier’s check, business check or certified check, payable to Hamilton County Clerk of Courts. This will be mailed to PCMS at the address below attention Check Resolution Service.

How cases are scheduled

Once the CRS receives the case submission form(s) and the filing fee, a staff member will telephone the business and schedule a date and time for the hearing. In general, cases are scheduled for Monday, Tuesday, and Thursday evenings between 4:45 PM – 6:15 PM and on Saturday mornings between 9:00 AM – 11:00 AM. Cases are usually scheduled 3-4 weeks after receipt of the case submission form(s) and filing fee.

Once the date and time is determined, the CRS will mail the business a receipt for payment of the filing fee and a list confirming all cases scheduled, on what date and time.

How the check writer is notified

The CRS sends the check writer a letter via regular mail, notifying the check writer of the date and time of the hearing. The letter includes a total dollar amount that the check writer owes; which includes the check amount(s), and any fees accrued by the business, including the filing fee. The check writer is advised that payment is not accepted by PCMS prior to the hearing date and time; however, check writers may make full payment to the business prior to the hearing.

The hearing process

A representative of the Business would need to attend the hearing. Because the check writers are advised to bring only money orders or cash to the hearing, the business representatives should come prepared to make change for those check writers who wish to pay in cash but do not have exact change. PCMS has no “petty cash” on hand. At the hearing, the CRS mediator would do the following:

Record any advance payments made to the business because of the hearing notice mailed to the check writer.  

Offer the check writer who appears the opportunity to settle the dispute.  

Mediate any negotiations between the business and the check writer.

Assist the business representative, as requested, in presenting the case to a prosecutor to determine if probable cause exists to file a misdemeanor PBC charge. Cases presented to the prosecutor for review need additional identifying information about the check writer (sex, race, DOB, SSN, driver’s license number) and the business needs to supply the name of the employee who took the check and could identify the check writer at trial.

Criteria for prosecutorial review of bad check cases

The Hamilton County Prosecutor’s Office has set criteria, which must be met in order to evaluate PBC for probable cause for warrant issuance. The business must bring the following information to the CRS hearing in order for the case to be reviewed by the prosecutor:

The original check

Helpful but not mandatory, is information such as the Ohio Drivers License, or ID card written by the cashier NOT the check writer. Try to get the DOB and note the race and gender. This should be an observation of the clerk; it is not necessary to question the check writer. The check must have an inked right thumbprint of the check writer on any clear space on the check. The thumbprint must be legible.\

The name and address of the clerk who can ID the check writer.

Proof of certified mail service.

Copy of the letter sent by certified mail.

An “Out of County Financial Institution Subpoena Response Verification” form completed for each check that is drawn on a bank outside Hamilton County.

If other contacts have occurred regarding the check, provide that information to the officer, i.e. telephone contact in which the party acknowledges writing the check(s). Include the name and address of the employee with whom the contact has occurred.

Businesses are expected to bring all required items listed above to the CRS session on the first date the case is scheduled. Businesses who fail to bring items to the hearing may request one reschedule of the case, but to eliminate delays it would be best to bring the documents.

If you have questions about the Check Resolution Service contact:

Private Complaint Mediation Service (PCMS) is located at 230 E. Ninth Street, First Floor. The PCMS Intake telephone is 946-3400. Hours for Intake: Mon-Thu  8:30 am to 9 pm, Fri 8:30 am to 5 pm, alternate Sat’s  8:30 am to 12:30 pm .

Prosecution in Mayor’s Court

Cases that appear to be a fraudulent action will normally be criminally prosecuted in St. Bernard Mayor’s Court to make it convenient for St. Bernard Businesses to attend court. 

Upon determining this course of action, the officer will do the following:

 Advise the complainant to send a certified letter to the issuer indicating the check number, amount, account number and bank, and the reason the check was returned. The letter must explain that unless full payment is received within 10 days a criminal prosecution will be initiated.  

Advise the complainant that partial payment must not be accepted if a criminal prosecution is to proceed. Acceptance of partial payments renders the case civil.  

Once the certified letter has been sent and the 10 days have lapsed, an offense report will be initiated.  

The original check will be kept by the PD and entered into evidence.  

The complainant will be given an affidavit supporting passing bad checks at the time of the offense report and must complete it with all requested information. Upon return of the affidavit, a Mayor’s Court complaint and warrant will be completed.  

The complainant will be advised of the following upon filing complaints and warrants:

1.        The criminal prosecution cannot be dismissed or withdrawn because the check has been paid. Signing charges initiates a criminal prosecution, not a civil recovery proceeding.

2.        If the issuer returns to the complainant’s business after filing charges, they must contact the PD right away to check on the warrant – this may be the only opportunity to apprehend the subject unless the officer is able to pick them up at their residence.