Non-Sufficient Funds (NSF)/ Account closed checks

The Penobscot County District Attorney’s office has provided a list of instructions you must follow to prosecute a “bad check” case.

1. Checks older than 120 days will not be accepted for prosecution.
   
2. Checks are accepted for criminal prosecution only and are not returned if prosecution is initiated.
   
3. The entire report must be completed legibly.
   
4. Checks stamped “closed account” or “account closed” will be accepted with the report, but will not result in prosecution unless subsequent police investigation shows that the passer knew the account was closed.
   
5. Post dated checks, or checks that you agreed to hold before depositing will not be prosecuted.
   
6. A 5-day statutory demand notice must be sent to the passer in each check case by certified mail with restricted delivery to addressee only. In the event it is a company check, the agent for the company may sign. In addition, you should attempt to make personal “face to face” contact with the passer concerning the check, and document your efforts. Do not submit a check with this form for possible prosecution unless you are satisfied that the passer intended to defraud you, and that you would participate in prosecution even if the passer attempted to pay off the check at some future date. Use only one report form for each check submitted.
   
7. Submit with the form, the original check, a copy of the bad check notice you sent and the post office receipt return showing its delivery or non-delivery.
   
8. The form must be signed by the person in position of responsibility, e.g., manager, cashier, owner, etc.
   
9. Return the form and the required documentation to the law enforcement office from which it was originally obtained. (Brewer Police Department.)