Bad Check Unit

Frequently Asked Questions

1. What constitutes a criminal bad check?

   Returned checks marked "insufficient funds", "account closed", "no account", or "unable to locate account" are all forms of a bad check.

2. What is the difference between a misdemeanor and felony bad check?

   A misdemeanor is an insufficient funds check under the amount of $500. Range of punishment on a misdemeanor is up to one year in the county jail and/or a $1,000 fine.

   A felony is a check over $500; or a check written upon a closed account; or a group of checks written within a 10-day time frame that have an aggregated value of at least $500. Range of punishment on a felony is up to five years in the Department of Corrections and/or a $5,000 fine.

3. Is there a dollar limit for prosecuting bad checks?

   No. The prosecutor's office will prosecute bad checks of any value.

4. What is the statute of limitations for submitting a bad check to the prosecutor?

   The statute of limitations on a misdemeanor bad check is one year from the date the check is passed.

   The statute of limitations on a felony bad check is three years from the date the check is passed.

   HOWEVER – the prosecutor's office prefers the bad check(s) be submitted no more than 30 days from the time it is returned by your bank. The merchant/victim is not required by statute to notify the check writer. You may have a company policy that requires some type of contact with the check writer and the prosecutor's office recommends telephone contact. You should request payment in full, including your service charge, in the form of cash or a money order within a reasonable period of time (48–72 hours). Early submission could mean the difference between receiving restitution or not.

5. What should I do with a stop payment check?

   Missouri has a criminal stop payment statute: Section 570.125.

   In the majority of stop payment situations, the circumstances are civil not criminal. Typically, a customer is not satisfied with service received or a product. A stop payment check may be submitted to the prosecutor's office after you have mailed a 10-day demand notice to the check writer by certified or registered mail. This office will investigate the circumstances of the check and determine if the check falls within the requirements set out in the criminal statute as a criminal stop payment check.

6. What if I receive a check back from the bank that is marked "Uncollected Funds"?

   Checks marked "uncollected funds" are civil in nature and generally mean that something happened on the account that was beyond the control of the account holder. Because of this we can not show criminal intent to defraud.

7. Can I collect a store service charge from a bad check writer?

   A business or individual who has received a bad check, in addition to the face amount of the check, may collect from the check writer a reasonable service charge. The prosecutor's office will demand this service charge from the check writer during the 10-day notice period, but not if criminal charges have been filed.

   The prosecutor's office believes a "reasonable" service charge is no greater than $25.

8. What are administrative handling fees and MOPS fees?

   These fees are set by state statute and the value is determined by the face amount of the check. An administrative handling fee is retained by the prosecutor's office and will be no less than $25 and no greater than $75 per check. The MOPS fee is $5 per check and is paid to the Missouri Office of Prosecution Services. These fees are never waived.

9. What if I believe my checks have been stolen and/or forged?

   If you believe that your checks have been stolen and/or forged, you must provide the prosecutor's office with a copy of the Affidavit of Forgery completed at your bank, indicating the check number(s) that have been forged, along with the name of the law enforcement agency you reported the forgery to, and the corresponding police report number.

10. What if I filed bankruptcy?

    The filing of bankruptcy does NOT stop the prosecutor's office from prosecuting criminal bad check writers. The filing of bankruptcy can affect the collection of restitution in a criminal check case, but does not prohibit obtaining a criminal conviction.

The Boone County Prosecutor's Office Bad Check Unit is here to serve the community in deterring bad check activity. You may contact this office with any questions regarding bad checks at (573) 886-4121.

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