Police

WHAT TO DO FIRST

NH RSA 638:4 – Issuing Bad Checks – reads, in part:  “…It is an affirmative defense that the actor [issuer] paid the amount of the check, together with all costs and protest fees, to the person to whom it was due, within 14 days after having received notice that payment was refused.  The actor’s failure to make payment within 14 days after receiving notice that payment was refused shall be prima facie evidence of a violation…” 

As a result, in accordance with the law, you should initially:

• Send a certified or registered letter to the issuer at the address shown on the check. 
• Send the certified or registered letter with a Return Receipt requested.
• Describe the check in the letter and demand payment and any related charges in full within 14 days.  Do not accept partial payments or enter into a time payment agreement.  Such payments or agreements damage possible criminal prosecution if the issuer does not live up to the agreement.
• In the letter advise the issuer that you will turn the matter over to the Keene Police Department for prosecution if you do not receive payment in full within 14 days.
• If you do not receive your money in full, report the matter to the Police Department immediately.  Don’t wait another day longer.  Time can be of the essence in some criminal investigations.

Because the Keene Police Department is not a collection agency, once you refer a bad check complaint to us for criminal investigation and possible criminal arrest of the issuer, we respectfully request that you do not subsequently accept payment of the check unless authorized by the investigating officer

COLLECTING ON A RETURNED CHECK

Typically, most checks that are returned by the bank marked NSF (Insufficient Funds) are innocent bookkeeping errors made by the issuer. Checks that are written on closed accounts and returned with the notation “Account Closed” are still covered under the Bad Check statute.  As a rule, a simple phone call to your customer may be enough to rectify the matter. 

However, all too often, individuals issue checks knowing that there is an insufficient balance in the account.  If you are unable to rectify the matter with a single phone call, there are two processes available to you to attempt to recoup your money:

• Filing a Small Claims action in the Keene District Court, as provided under RSA 544-B; or,
• Reporting the matter to the Keene Police Department.

It is the policy of the Keene Police Department to investigate all bad check cases regardless of the dollar amount.

WHAT KPD NEEDS IN ORDER TO INVESTIGATE

• Complete information on the employee or person who accepted the check:  name, address, DOB, SSN, home phone, employment position, etc.
• The original check.  (You should maintain a copy for your files.)
• Clear copies of the letter, envelope, the postal receipt and documentation, and the record of or any other communication(s) generated relative to your attempts to collect on the check.
• Any other business documentation you may have on file, such as courtesy card information, video camera surveillance tapes, etc.

If you have any additional questions regarding our policy or what you should be doing to limit your exposure, please contact the Keene Police Department at 357-9813.