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What is the bad check procedure?

  1. The check must have been received in the Town of East Hartford.
  2. No partial restitution can have been accepted from the issuer.
  3. The check must have been returned to you from the bank with “Account Closed”, “Insufficient Funds”, “No Account” or other similar notations. “Stop Payment” checks are generally civil, however they can be looked at on a case by case basis where fraud can be shown. “Refer to Maker” checks require additional information.
  4. For “no account” checks there is no dollar limit. For “Insufficient Funds” checks there is a $50.00 minimum per check for prosecution.
  5. You must be able to show how you identified the check writer, or the person must be personally known to you. Ask for proper identification. A Connecticut driver’s license is the best means of identification. Copy the nine-digit driver’s license number onto the front of the check. i.e.: “Connecticut Operator’s License #123456789”. Compare the photograph on the license with the person issuing the check. If the customer is personally known to you, be prepared to give a written statement identifying the person who issued the check.
  6. Make copies of this paperwork for your records. You will need to do the following before filing a police complaint:
    1. Upon return of a check stamped “Insufficient Funds”, a certified letter with a return receipt request should be sent to the last known address of the check passer (this is usually the same address as on the check).
    2. The letter should demand repayment within ten (10) business days of receipt.
    3. Provide a copy of the front and back of the check.
    4. Provide documentation from your bank showing the check was returned and the reason.
    5. In the case of “No Account” or “Account Closed” checks, the procedure is the same except no certified letter is required, although is strongly suggested.
    6. If the check is for less than $2000.00 and over a year old, it is outside of the statute of limitations and is not prosecutable for criminal charges.
    7. If a partial payment has been accepted, this is not prosecutable and is a civil matter.
    8. Upon return of the unclaimed letter, or the signed receipt and expiration of the10-day period, and payment has not been made, contact the East Hartford Police Department to schedule an appointment to initiate a police case, and complete an ARREST WARRANT APPLICATION - BAD CHECK sworn affidavit. At the time of the appointment, you must provide the following:
      1. Copy of the front and back of the original check, or bank copy.
      2. Copy of the certified letter sent.
      3. Certified mail and return receipt (green card returned by the post office).
      4. The actual certified mail, if returned unclaimed.
      5. Any other documentation, including the original transaction/receipt if available.
      6. Complete a sworn arrest warrant application for bad check.