Bad Checks
We work to collect on checks that are written by people that don't have money in the bank. The person that wrote the bad check has 10 days to pay or we take them to court and sometimes to jail.
We operate under the statutory requirements of Nebraska Criminal Statue 28-611. Under 28-611, we are responsible for the processing and follow-up investigation of any NSF or Account Closed checks that are submitted for criminal prosecution.
Victims of bad checks, who are considering criminal prosecution of a suspected bad check writer, need to submit the ORIGINAL check(s) in question along with the statutorily mandated fee of $10.00 per check. Appropriate fee(s) are paid to the Phleps County Treasurer and a receipt brought to the County Attorney's office.
Upon receipt of the original bad check(s) and a receipt for payment of appropriate fee(s), the person presenting the check (s) and receipts for fees shall, in the presence of a notary, request a prosecution form for each bad check and sign said form in the presence of a notary.
If the person wishes to submit the original check and receipt for fees by mail, the form must be notarized by another notary. A notary is available in the County Attorney's office.
A "10 day letter" is sent to notify the person responsible for writing the bad check and serves as the ONLY NOTICE they will get regarding filing of the complaint. The checkwriter is advised in this letter that if he/she fails to make payment within 10 days a criminal complaint will be filed with the Court. Once the 10 days are up, the checkwriter does not have any additional time in which to pay. The warrant is issued when the criminal complaint is filed.
Check writers are instructed to make payments payable to the MERCHANT
or the VICTIM. Payments are paid at the County Attorney's office and
are not sent out. Merchants/Victims can pick their money up at the County
Attorney's office.
Should the check writer fail to make restitution no follow-up letter
will be sent to the victim. A complaint is filed and a warrant issued
the day after the check payment is due.
The County Attorney's office provides a calendar to merchants letting them know what days of the month letters are sent. Merchants/Victims must bring bad checks in on Wednesday prior to the Friday on which letters are sent.
- Checks for $500.00 or greater, and given in exchange for present value, are prosecutable as Felonies and handled by the Phelps County Attorney's Office.
- Checks for less than $500.00 are prosecutable as Misdemeanors.
