How to Prosecute for a Bad Check

by Candace Webb; Updated September 26, 2017

It can be frustrating when, in good faith, you provide services or goods to a customer only to have their bank return the check they wrote to you stamped non-sufficient funds. You have called the customer to no avail and it looks like the customer has no intention of making good on the payment. You do have a recourse. It only takes a few steps to prosecute for a bad check and get your money.

Instructions

Step 1

Gather together all checks that have been returned by customers. Decide which checks you want to prosecute for and which checks you want to try to collect without resorting to prosecution.

Step 2

Make copies of the returned checks as well as any paperwork from the bank showing the checks were returned for non-sufficient funds.

Step 3

Visit the county court clerk's office and tell them you want to prosecute the person or persons who wrote the checks. Provide the copies of the bad checks as well as copies of any additional documentation.

Step 4

Fill out the paperwork the clerk gives you. Swear under oath that what you have told them is true and accurate. The clerk will swear you in and ask you to swear to the facts.

Step 5

Provide the court clerk's office with any information you have about the person who you are prosecuting including current address, names or phone numbers of relatives and friends of the check writer or current place of employment.

Step 6

Appear at the appointed court date to answer the judge's questions and testify.

Step 7

Provide current information about your business or home address so the clerk can send you the funds as they are received from the defendant.

References

About the Author

Candace Webb has been writing professionally since 1989. She has worked as a full-time journalist as well as contributed to metropolitan newspapers including the "Tennessean." She has also worked on staff as an associate editor at the "Nashville Parent" magazine. Webb holds a Bachelor of Arts in journalism with a minor in business from San Jose State University.