Writing a check is a privilege, not a right.
A check is not an I.O.U. The full amount of the funds should be in the bank at the time of the transaction.
A merchant has the right to refuse to accept a check from anyone, and may ask for another form of payment for goods or services.
The Bad Check Restitution Program Works Because…
Bad Check reports are easy to file and follow-up action is prompt.
Upon recovery, 100 percent of the face value of the check is returned to the merchants, plus applicable bank charges.
There is no minimum dollar restriction.
Bad Check: a check that is not honored when presented at the bank. The bank may indicate that the check was dishonored due to “insufficient funds,” “closed” or some other reason.
5-day notice: a formal letter that lists the appropriate Michigan statute governing checks and instructs the bad check writer to make immediate payment or face prosecution.
Complaint: the form that begins the formal criminal proceeding. It contains sections for relevant information about your business, the bad check writer and the bad check.
Steps in the Process
Step 1: Present the check to your Bank Before the Bad Check Restitution Team considers a check for prosecution, the check must be deposited with your bank, even if you suspect the check will not clear.
Step 2: Send the 10-Day Notice letter Once the check returns as dishonored, you must send a 10-day notice form by certified mail to the check writer. The notice form link above provides you with a 10-day notice form by the Team.
Step 3: Submitting Documents to the CPU If the bad check writer does not respond within 10 days, completely fill out the complaint form provided by the Team, attach photocopies of the dishonored check, the 10-day notice letter and return receipt, and the bank notice (including bank fees) and mail all documents to the Team.
Eric J. Smith
Macomb County Prosecuting Attorney
Check Enforcement Program
1 South Main St.
Mt. Clemens, MI 48043
Be sure to copy all information for your records
Checks that are NOT accepted
- Checks that are not passed in Macomb County
- The identity of the check writer is unknown
- Checks that are pre-dated
- Checks that are post-dated, or where an agreement was made to hold the check for later payment
- Merchants beware: if you accept post-dated checks you do so at your own risk – because the check’s message is “there isn’t enough money in the account to cover the check today!”
- Checks that are altered or suspected of being forgeries or counterfeit..
- Third-party checks
- Payroll checks
- Stop-payment checks
- No amount, date or signature on the check
- Numeric and written amount on the check do not match
- Checks that are over 180 days old
* * * NOTE: * * *
Checks that are ineligible for the
Macomb County Prosecuting Attorney’s Bad Check Restitution Program
may still be eligible for collection by the Merchant
via small claims court or by a private collection agency.