Before a check case can be forwarded to the felony division for intake, the complainant must provide a DETAILED STATEMENT containing the following information:
EVERYTHING THEY KNOW ABOUT THE PERSON WHO PASSED THE CHECK
- How they first met the Defendant. through advertisement, personal reference, etc.
- when they first met the Defendant
- where they first met the Defendant
- how long they have know the Defendant
PHYSICAL IDENTIFIERS OF THE DEFENDANT
- Driver’s License Number
- Date of Birth
- Age, sex, race
EVERYTHING SURROUNDING THE PASSING OF THE CHECK
- what SPECIFICALLY/EXACTLY was the check in payment for
- what discussions/negotiations, if any, surrounded the passing of the check
- who accepted the check
- who was present when the check was passed
ALL THE CIRCUMSTANCES SURROUNDING THE SUBSTANCE OF THE CONTRACTUAL AGREEMENT BETWEEN THE PARTIES
- did the Defendant accept the merchandise/service from the complainant
- did the Defendant ever return the merchandise or make any complaints about the merchandise/service
- was the Merchant suppose to perform any work/service or deliver any merchandise in consideration of receiving the check
ALL THE CIRCUMSTANCES SURROUNDING THE MERCHANT’S ATTEMPT TO RECOVER THEIR MONEY
- did they send a 10 day demand letter, CERTIFIED MAIL
- did the Defendant respond in any manner… did he make partial payment or attempt to make a partial payment
- has there been any communication between parties since the check bounced…i.e., did the Defendant promise to make restitution and then not deliver
***ALSO ADVISE ALL MERCHANTS TO BRING ANY AND ALL PAPERWORK (COPIES) WITH THEM IN CONNECTION WITH THEIR CHECK CASES….CONTRACTS, WORK ORDERS, INVOICES, ETC.