Check Processing Procedure

To enable this Department in prosecution of Insufficient Fund and Account Closed checks, the following procedure must be followed, as required by Minnesota Statute § 609.535 and in conformance with the policies adopted by this Department.  This Department will not prosecute checks that are:

 

1.       More than 90 days old

2.       Post-dated checks

3.       Checks “Paid on Account” or “On a Contract”

4.       Two-party checks

5.       Checks upon which partial payments have been made

6.       Credit card checks (except forgeries)

7.       Checks without sufficient identity information provided

 

“Sufficient identity information” means that the business obtain the full name, current address and either a verified date of birth or a verified driver’s license, number, tribal identification number, or Minnesota identification number for the person presenting the check.  This Department will decline to prosecute checks if sufficient identify information is not obtained, as set forth on the check and included in the Checklist. 

 

Procedure: 

By statute, you must send a “Notice of Demand for Payment of Dishonored Check” form to the address listed on the check.  Photocopy the letter and send the Notice of Demand for Payment by First Class or Certified mail to the issuer.  If you mailed the Notice by First Class Mail, you must complete an Affidavit of Mailing and sign it in front of a Notary Public.  If you mailed the Notice by Certified Mail with Return Receipt Requested and the passer receives it, the “green card” will be returned to you in approximately five days by the Post Office.  If the passer does not receive it, the letter and “green card” will be returned in approximately 15 days. 

 

Documentation Needed for Prosecution:

1.      Original check

2.      Copy of the Notice and Demand For Payment of Dishonored Check

3.       Return receipt (green card) or Affidavit of Mailing (with returned envelope, if returned to you as undelivered)

4.       Completed Checklist

 

If the issuer has paid you for the worthless check and service charge after you submitted this documentation to this Department, you must notify the Police Department at 218.333.8053as soon as possible.  Please do not hesitate to contact us if you have any questions or concerns.  Address to mail forms is: Bemidji Police Department, 613 Minnesota Ave NW, Bemidji, MN 56601.

 

The forms provided are fill-in applications.  Please save to your computer.