THE CROSSROADS OF THE MIDWEST
The following is the York County Attorney's Office policy on requesting a bad check prosecution. The York County Attorney's Office follows the procedures outlined in Nebraska Revised Statute Section 28-611. The following procedure must be followed so that prosecution will be held valid by the Court.
1) Check must be passed or received in York County.
2) After your company has received notification that a check has been returned for insufficient funds or no account with the drawee, please send a letter to the individual requesting payment and indicate if payment is not sent within ten (10) business days, you will request prosecution from the County Attorney's Office. If the individual does pay your company in full, it will circumvent the requirement to pay the filing fee for prosecution.
3) If your company does not receive payment after your letter has been sent and received by the individual, fill out the attached request for prosecution and provide the original check and notice and/or letter that was sent to the individual and provide this to the York County Attorney's Office. If the request for prosecution form is not fully filled out, our office cannot prosecute the check. There is a $10.00 filing fee with the York County Treasurer's Office and additionally submit receipt of that with our office. We do not accept checks that are older than a year and that are less than $10.00. We will then send the individual a letter requiring payment of the check and filing fee to be paid within ten (10) days from the date of the mailing of the letter. This is required pursuant to state law. We will provide your company a copy of the letter when it is mailed out. The payment has to be sent to your company. Our office does not hold payments as a third party trustee.
4) If payment is not received by your company within the ten (10) day period, you are required to notify our office that you have not received payment and we will prepare the necessary documentation. This will include an affidavit for an arrest warrant for your company to sign before a notary. We will then file the complaint and affidavit of the arrest of the individual. The arrest warrant will be confined to the borders of Nebraska only. You and any employees involved in taking the check will then have to be prepared to testify in Court if the matter goes to trial. On the other hand, if your company does receive payment within the day period, you are also required to notify our office that you have received payment, so we can record this in our files.
5) Once the defendant is found guilty, the Judge will usually set sentencing off pursuant to the statute to allow the defendant to pay off the check and filing fee with your company. If the defendant fails to pay off the check prior to sentencing, the Judge may issue a civil restitution order in your name for the final amount. It will be left up to your company to enforce the order. Restitution is not guaranteed. Even if the defendant is not ordered to pay restitution through the criminal system, you can still bring a civil action to recover your money.
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