INSTRUCTIONS FOR FILING
BAD CHECK COMPLAINTS
1. ALL CHECKS MUST HAVE BEEN RECEIVED IN ST. LOUIS COUNTY, MISSOURI.
2. ALL CHECKS MUST HAVE BEEN PUT THROUGH THE BANK FOR PROCESSING AND MUST SHOW THE REASON FOR NONPAYMENT.
3. RETURN THE FOLLOWING ITEMS TO OUR OFFICE TO START THE PROCESS FOR CRIMINAL PROSECUTION:
THE ORIGINAL (OR LEGAL COPY OF) BAD CHECK(S) SHOWING THE REASON FOR DISHONOR BY THE BANK; AND
ONE COMPLETED COMPLAINT FORM FOR EACH BAD CHECK WRITER (REGARDLESS OF THE NUMBER OF CHECKS FROM A SINGLE CHECK WRITER); AND
ONE COPY OF THE FRONT(S) OF THE CHECK(S) ON AN 8 1/2 X 11 SHEET OF PAPER (PUT MORE THAN ONE CHECK FROM THE SAME CHECK WRITER ON THE SAME PIECE OF PAPER)
IF YOU DO NOT HAVE THE ORIGINAL CHECK OR LEGAL COPY, ASK THE BANK THAT IS HOLDING THE CHECK TO ISSUE YOU A LETTER WITH AN EXPLANATION AS TO WHY THAT CHECK IS UNAVAILABLE TO YOU. THE LETTER MUST ACCOMPANY THE COMPLAINT.
4. DO NOT SEND THE COMPLAINT AND CHECK(S) TO OUR OFFICE BY EMAIL OR FAX.
5. WE DO NOT ACCEPT FOR CRIMINAL PROSECUTION: 3RD PARTY CHECKS OR STOP PAYMENT CHECKS. WE ALSO DO NOT ACCEPT FOR CRIMINAL PROSECUTION CHECKS WHICH ARE BEYOND THE STATUTE OF LIMITATIONS: ONE (1) YEAR FOR CHECKS UNDER $500.00 AND THREE (3) YEARS FOR CHECKS $500.00 AND OVER.
6. ONCE YOU HAVE SENT THE CHECK(S) TO OUR OFFICE FOR PROCESSING, PLEASE DO NOT ACCEPT DIRECT PAYMENT FROM THE ACCUSED. IF, HOWEVER, A DIRECT PAYMENT SHOULD BE TAKEN, NOTIFY OUR OFFICE IMMEDIATELY IN WRITING.
Instruction to Victims of Stop Payment Checks
The Office of the Prosecuting Attorney of St. Louis County DOES NOT process checks that have not been honored by a bank due to stop-payment requests.
The law requires the payee of the check to send a certified or registered letter to the issuer of the check, at the address that appears on the dishonored check or at his/her last known address.
If the check is not made good within ten days of receipt of the notice, you may:
take the check,
a copy of the letter,
and proof of the certified or registered mail that was deposited in the United States mail
to the police department that patrols the area where the check was received, and ask that department to investigate the matter and apply for an arrest warrant.
A Sample Letter that complies with the law regarding notice to the issuer of the check is available here. The name of THIS OFFICE shall not appear on any correspondence from the payee to the issuer of the check.
If you have additional questions, you may contact:
(Do NOT send Complaint Forms or Checks via fax or email; submit via US Postal Mail)
Bad Check Division
Office of Prosecuting Attorney / St. Louis County
100 South Central Ave
Clayton, MO 63105