Lack of funds - the check must have been deposited or presented for payment within thirty (30) days of the date of delivered, and the accused has failed to make payment of the check and a service charge within ten (10) days after receiving written notice that the check has been dishonored.
Which way you proceed in your case will depend on the circumstances in your case.
Whether the issuance of a bad check is a crime will depend on several factors.
Within ninety (90) days of receipt of check, mail certified demand letter to address given by maker of check.
Give maker of check at least ten (10) days and three (3) for mailing before prosecuting criminally (This varies from state to state). Try to telephone accused and keep record of your efforts. (Magistrate Court, if 00.00 or less) in the county where the Defendant lives.
Forgery - a check which is forged (made by someone other than the account holder and without the account holder's consent) may not be prosecuted as a bad check.
It therefore vital that the payee confirm the identity of the maker of the check at the time the check is presented.Keep permanent record of home address of clerk who actually received check.This person will be an absolutely critical witness who must identify the person who made the check if the case goes to trial.There is nothing more frustrating for the Court than having to deny a person or business a remedy to which they should be entitled because of failure to follow statutory procedures.In criminal cases, failure to comply with any of the statutory procedures requires Judges to deny the warrant or citation.Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented.