- In order for our office to be able to assist with the collection of such checks, you must obtain the needed information on the check passer. This data includes driver’s license or identification numbers, date of birth, physical home address, home phone number, place of employment and work number.
- The holder of the check must present the check to the named bank for payment.
- The bank, upon returning a “worthless check”, will stamp the check or attach a bank flag stating the reason the check has been dishonored. The bank flag must be left attached to the check if the check itself is not stamped.
- The Holder of the returned check must mail a 10-day written notice to the check writer (person signing the check) informing him/her that the check was not honored by the bank, listing the reason as noted on the check, requesting payment in full. The notice must be dated and must state that the maker has ten (10) days from the date of the notice to make restitution. The notice must be mailed by registered or certified mail, return receipt requested. Even when holder does not have a valid address on the check passer, service must still be attempted by mailing the notice to the address on the check. A copy of the notice should be made and retained by the holder.
If the maker does not pay or honor the check within the ten (10) days after service of the notice, the check may be presented to the District Attorney’s Office, along with the following information:
- ORIGINAL CHECK (The bank must stamp the check, or have an attached bank flag, showing proof the check was not honored.)
- ORIGINAL SIGNED POSTAL RETURN RECEIPT OR UNCLAIMED LETTER (UNOPENED)
- COPY OF THE 10-DAY NOTICE
Once a check has been turned over to the District Attorney, you must not accept payment on the check from the person who wrote the check. They should instead be referred to the District Attorney’s Office for collection on the check. If you or an employee should accept payment on the check, you will be responsible for the statutory fee imposed by the District Attorney’s Office for that check.
Under Louisiana law, the District Attorney’s Office does not file a criminal complaint for Worthless Checks on checks that are:
• Post-dated, undated, “hold” or “stop payment” checks.
• Two-party checks or payroll checks.
• Checks for which partial payment has been received.
• Checks more than one (1) year old.
• A check for less than $5.00.
• A check given in exchange for another returned check.
• Checks not presented to the bank within ten days from the date of the check.
• Checks in which the ten-day notice was not sent to maker by certified or registered mail.
Check records in the District Attorney’s Office are kept according to the name of the person who actually signed the check, regardless of the name or names imprinted on the check.
The Worthless Check Division of the Red River Parish District Attorney’s Office will diligently attempt to collect on all acceptable checks submitted for collection. We collect the face amount of the check plus a $25.00 service charge for the complainant.