Frequently Asked Questions
Can Individuals Turn Over Bad Checks for Criminal Prosecution?
If the fraud aspects required can be proven, we will consider bad checks received by individual payee's on a case by case basis.
Can I Continue to Make Collection Efforts on My Check?
By asking the county attorney to prosecute, you are turning over your right to make collection efforts on the check. If you decide during the criminal process to collect the check on your own, the county attorney could, if they chose to do so, dismiss the criminal action. No further criminal proceedings would be considered once the dismissal is entered.
I am a Landlord & I Received a Bad Check for Rent. Can I Submit this Check for Criminal Prosecution?
Kansas Constitutional Law against imprisonment for debt does not allow criminal prosecution for checks submitted on a debt already owing, such as rent. Also, as a practical matter, you would not be able to go forward with your unlawful detainer action, if that is necessary, since you would not be able to continue making collection efforts on your own behalf to require payment on the pay or quit notice.
Why Can I Get Three Times the Amount of My Check through a Civil Action but not through a Criminal Action?
The Kansas State Legislature has decided on that method to deter would be writers of bad checks where the payee will not be able or chooses not to seek criminal prosecution. By giving up criminal prosecution as a motivator, you can seek triple damages if you follow the rules.
Do I Have to Work through Law Enforcement in My Jurisdiction in Order to Submit the Check for Criminal Prosecution?
Yes. Your local law enforcement provides valuable services, not only to you, the payee, but to the county attorney's office as well, by locating a passer who may have forged a check, given false identification, and/or false address, and by providing a criminal history of the passer in order to allow the county attorney to properly charge the complaint as a first, second or series of bad checks. They will also provide a notary for your merchant affidavit (PDF) if you request.