Knowingly passing a worthless check is a criminal offense (KSA 21-3707). Our office assists individuals and businesses in Leavenworth County who receive a worthless ("bad") check. Following is some information to assist you if you receive a bad check and desire the assistance of our office in obtaining restitution or having the maker of the check prosecuted.
PROCEDURES TO PROSECUTE A WORTHLESS CHECK CASE
When you receive a returned check marked INSUFFICIENT FUNDS, ACCOUNT CLOSED, or REFER TO MAKER, contact the person who wrote the check by phone or letter. If there is no response, you may then proceed with processing the check through the Leavenworth County Attorney's Office in the following manner:
- Notify the person that their check was returned to you unpaid by sending them a letter giving them SEVEN (7) days to reimburse you in full, plus your usual posted service charge.
- The letter must be mailed CERTIFIED, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED SHOWING TO WHOM, THE DATE, and AND ADDRESS OF DELIVERY. Mail it to the address on the check. (Certified mail and return receipt materials are available at the US Post Office)
- If the letter is returned to you undelivered, or if you have received the green card, the Certified Mail Receipt, and the seven days have passed, you may immediately bring the ORIGINAL CHECK to our office.
- Whenever you bring a check-in, we must also have the AFFIDAVIT completely filled out with all the questions being answered. Have it NOTARIZED, or we will do it for you.
- Bring the GREEN CARD or the UNDELIVERED LETTER (with the green card attached) and a copy of the letter you sent.
For us to issue an ARREST WARRANT, we must have proper identification. ALWAYS GET THEIR DRIVER'S LICENSE NUMBER. This is the most favorable means of identification. Any information or identification which you can obtain will be beneficial to us. If the County Attorney's Office can be of any assistance in helping you to reduce your losses due to the worthless check writers, or if you have any questions, please call us.
Any restitution collected by this office will be forwarded directly to you.
