Bad Check Program

In Whitley County, merchants and individual citizens lose thousands of dollars due to bad checks. Consumers share in these losses through higher prices. The Whitley County Prosecutor's Office has a bad check enforcement program to help merchants and consumers track down bad check writers, collect and return the money to the victim, and deter future offenses. Along with benefiting the merchants and consumers, this program is designed to remove some of the load from the overburdened local police and the courts. This program is for anyone who has received a bad check in Whitley County, be that a large business, a small business, or an individual. This program provides new avenues to obtain restitution, to protect the public, and to seek justice.

A check will be determined NOT eligible and returned to you to pursue a civil remedy, if a filed check is later determined to be:

      • A stop payment check, where the issuer acted in good faith and with reasonable cause in stopping payment.  
      • A check issued by someone not competent of of legal age.
      • A check dishonored due to bank error or failure to notify the checkwriter of bank adjustment of a check. 
      • A check issued to pay an obligation arising from an illegal transaction

To participate in the program, victims need to complete a few simple steps to start the process.  There is no cost for victims to take advantage of this program.

      1. The firs step is to send the check writer a Statutory Notice by certified mail.  There is a sample Statutory Notice  in the document section.  Once you receive the receipt of the delivered certified mail or the returned undelivered certified mail, you're ready for step 2.
      2. Complete the Bad Check Crime Report and return it to the Whitley County Prosecutor's Office by US mail, email or bringing it to our office.  Please note, that incomplete information on the report will prevent our office from collecting from the check writer.  Please be diligent in getting pertinent information on the check writer when accepting checks.  
      3. Attach copies of the check(s) (front & back) as well as all supporting documents including the certified mail return receipt or undelivered letter, and copy of the Statutory Notice, etc. 
      4. Do not accept payment from the check writer after submitting the crime report. Please refer the check writer to our office at 260-244-3000.

Feel free to contact our office with any questions you may have.