What to Do If You Receive a Bad Check

Present the Check Twice
Often a check will not clear the 1st time it is presented to a bank for payment but will often clear if presented the 2nd time. We ask that you present the check to the bank twice.

Documents Required
Bring the original check and a copy of any letters demanding payment to our office located on the second floor of the Cass County Justice Center:
2501 W. Wall St.
Harrisonville, MO 64701

Or contact our office at 816-380-8250. We will provide you with a criminal complaint form (PDF) for you to complete or you may print if from this website. Once we have received these items, we will begin the appropriate process.

After Sending the Check
Do not accept payment (either full or partial) after the check has been sent to our office, as we will then be unable to proceed. If an offender offers to pay money to you in satisfaction of a bad check, inform them that any payments they wish to make must be made to the Cass County Prosecuting Attorney’s Office.

10 Day Letter
Once we receive the criminal complaint form completed by you, we will send a “10 day” letter to the bad check writer demanding payment within 10 days. This letter is required by law and allows the bad check writer to bring payment, which includes the required administrative fee and merchant fee to our office within 10 days of the postmark date of the letter. If the restitution is paid, it will be forwarded to you and the case is considered closed. If the individual fails to respond or pay the amount owed, the case will be reviewed to determine if appropriate criminal charges will be brought.

Court Procedure
If a formal criminal complaint is filed against the bad check writer, the individual must appear in court to face misdemeanor or felony charges. The individual who received the check may be required to appear in court to testify. To dispose of a bad check case, an offender must pay all restitution owed, which includes the administrative fee and the merchant / victim fee, to which you are also entitled. If convicted, the check writer may be placed on probation. If the offender is unwilling or unable to pay restitution, the check writer may be sentenced to jail time.

Situations In Which We Are Unable to Prosecute
Unfortunately, we are unable to prosecute all bad check cases. There are many factors that go into the decision to pursue criminal charges based on Missouri statutes and evidentiary reasons. We are unable to pursue post-dated checks or checks in which partial payment has already been accepted.