Bad Check Policy
Bad Check Investigation Policy Effective July 1st, 1996
The Essex Police Department will accept all bad check cases turned over for investigation. However, due to increased demands for department resources, in the cases where checks do not meet the following criteria they will simply be filed for future use and no investigation will be conducted.
- The check must be issued in Essex.
- The check must be issued as legal tender for service(s) or merchandise.
- Insufficient funds checks must be at least $150.
- Closed account checks must be at least $100.
- The check must be received by the police department no later than ninety (90) days after it was issued.
- The complainant must make a reasonable attempt to contact the issuer and apprise him/her of the situation.
- A registered (restricted delivery) letter with a return receipt must be mailed to the issuer by the complainant prior to turning it over to the police department. The letter must outline the law in Vermont regarding bad checks. The letter, in its entirety, must accompany the bad check when it is submitted to the police department for investigation.
- An Essex Police Department check information sheet must be completed by the complainant.
- The person who accepted the check must be able to identify the issuer.
- The check may not have been post dated.
- The check may not have been issued to cover a pre-existing debt.
- The check may not be drawn on an out of state bank unless the complainant is willing to pay the cost and expense(s) associated with obtaining all pertinent records and bringing the out of state bank's bookkeeper to court and so states in writing.
- No check will be accepted where partial payment has been accepted.
- The check may not have been received through the mail.
- No check will be investigated where the complainant took and held the check at the request of the issuer or passer for a period of time before it was presented at the bank.
- No check will be investigated where it is marked "payment stopped" unless the issuer received cash or the check was drawn on a non-existent account.
- No two-party checks will be investigated (i.e. written to one person who in turn endorses it to the complainant).
- Multiple checks (issued by the same issuer) where the collective amount meets the minimum requirement will be investigated.
- All forged checks accompanied by an affidavit of forgery will be investigated.