Check Division

Mission of the Check Division

The Check Division of the Clay County Prosecuting Attorney’s Office was formed to help individuals and merchants in Clay County reduce their bad check losses through prevention and enforcement. The division also enforces Missouri's bad check laws and collects restitution for victims of bad checks.

To contact the Check Division, email kristi_fouts at claycopa dot com.

Passing Bad Checks

A person commits the crime of passing a bad check when:

  1. With a purpose to defraud, he makes, issues, or passes a check knowing that it will not be paid by the drawee or that there is no such drawee. (If the issuer has an account with the drawee, failure to pay the check or order within ten days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid).
  2. He makes, issues, or passes a check knowing there are insufficient funds in his account or that there is no such account, and fails to pay the check within 10 days after receiving actual notice that the check has been dishonored. (Actual notice means notice in writing which is actually received by the defendant or which is tendered to him and he refuses to accept.)
  3. Passing a bad check is a Class A misdemeanor if the amount is under $750.
  4. Passing a bad check is a Class E felony when:
    1. the amount is $750 or more (may aggregate checks written within 10 day period), or
    2. the check is drawn on a closed or non-existent account, in which case the offense is a Class E felony.

Requirements to Criminally Prosecute a Bad Check

  1. The check must be sent through the bank and be denied payment, either by insufficient funds or account closed.
  2. The person who took the check must be able to identify the bad check writer.
  3. The victim must provide the bad check writer's date of birth and driver's license number or social security number.

Policies of Prosecuting Attorney's Check Division

  1. Once the check is turned over to the Prosecuting Attorney's Office for collection, victim should not accept payment from check writer.
  2. Prosecuting Attorney's Office will mail a letter by ordinary mail to the checkwriter.
  3. Prosecuting Attorney's Office cannot collect victim's bank service charge.
  4. Forged or altered checks and stop-payment checks require a police investigation before possible criminal charges can be filed.

Suggestions to Avoid or Reduce Losses

  1. Only accept a valid Missouri's drivers license with photograph as identification. Write DOB and driver's license number or SSN on face of check.
  2. Train your employees to make sure picture on license is the same person passing the check.
  3. Do not accept two-party checks.
  4. Do not accept post-dated checks.
  5. Do not accept out-of-state checks.
  6. Limit checks to amount of purchase.

Bad Check Packet

Following are the links to the documents contained in our Bad Check Packet. This packet may also be obtained by mail from our office.