Worthless Check Division

"It always happens to the other person" is not always true. You could be the victim of one of today''s most numerous crimes - worthless checks. The purpose of this web page is to alert, educate and assure you that this office will do everything possible to recover your loss from being a victim of a worthless check writer.

I hope the information you are about to read assists you. Alert and knowledgeable citizens are the first defense against all crimes particularly worthless checks. If you have any questions, contact my office at the numbers shown on this web page. Remember,

Don't get caught up in the web of worthless checks. This crime can be controlled, butonly with your help.

- J. Phil Haney


When Being Presented With A Check
It is vital that you stress to your employees the importance of being thorough when accepting a check. If your business has set a policy for all customers, then no one should have any reason to feel that they are being treated unfairly.

1. IS THE CHECK DATED TODAY?
Checks must be dated the same day they are written
Post-dated checks are not prosecutable.

2. IS THE SIGNATURE LEGIBLE?
DO NOT accept checks previously signed. Have them signed in your presence. Confirm the ID of the person giving you the check at this time.

3. IS THE ADDRESS COMPLETE?
Require a permanent street address, not a Post Office Box number.
Remember the sheriff''s office may have to serve a warrant on this person.
NO ONE LIVES IN A POST OFFICE BOX.

4. CONFIRM THE IDENTITY OF THE PERSON ISSUING THE CHECK.
Examine the ID of the person issuing the check, a picture drivers license, and
confirm the information shown is the same as shown on the check.

5. RECORD THE MANNER OF ID USED.
Don't just take the ID on the check as true. Write the drivers license number on
the check and place your initials next to it.


When A Check Is Returned

Any person receiving a bad check is eligible to seek assistance from the District Attorney''s Worthless Checks Division provided the following conditions are met:

It was received in the 16th Judicial District of Iberia, St. Martin and
St. Mary Parishes, deposited in a bank in exchange for goods or services, and
presumed good at the time of acceptance. There are no minimum restrictions based on dollar amount.

A photo identification such as drivers license, military I.D., or state
identification card was recorded at the time of the transaction.

A ten (10) day demand letter was sent, certified mail return receipt
requested to the individual who signed the check. A sample letter is shown below. As an added service to the citizens of the 16th Judicial District, this office will send your letter for you. You must bring in a check or money order for $3.74, payable to the District Attorney''s Office, for each person that you wish to file a complaint on.

Dear Mr. Doe:

Your check #__________ dated on______in the amount of
$_____________has been returned to me by my bank
stamped NSF/ACCOUNT CLOSED.
You have ten (10) days from receipt of this letter to bring
payment in cash, cashier''s check or money order for the amount of
this check or this matter will be turned over to the district attorney''s office.

If the check writer fails to respond within ten (10) days you may then file a criminal complaint against him by bringing in:

  • The original check
  • A copy of your letter with the return receipt card or the unclaimed letter
  • A uniform worthless check complaint form, which you may obtain one from the worthless checks division.

Ineligible Worthless Checks

  • It is marked stopped payment.
  • It is marked refer to maker
  • Partial payment for the check has been accepted.
  • Both parties knew there were insufficient funds at the time of transaction.
  • It is an out-of-state, two party, rent, government, or payroll check.
  • The identity of the check writer is unknown.
  • No amount, date, or signature on the check.
  • If not processed through your bank.

Checks To Avoid

  • A Post Dated Check
  • A Check More than six months old
  • A check given in exchange for a returned check.
  • A two party check where you become the third party.

What Happens Once You File Your Complaint
My office will send the person who issued the check either the 10 day demand letter, as a service to you, or an initial complaint letter advising them that this office has received your complaint and they have 10 days to clear up this matter or we will proceed with the issuance of a warrant for their arrest. Once arrested, the individual will be placed on our arraignment docket and then on to trial if the checks are not paid.

Once an individual has been convicted of issuing worthless checks, that person is then transferred to our probation department as a further step to recover your loss.

16th Judicial District Attorney
Worthless Checks Division

IBERIA PARISH
300 Iberia Street, Suite 200
New Iberia, La. 70560
337-369-4453
Linda Mayard

ST. MARTIN PARISH
Courthouse Building
St. Martinville, La. 70582
337-394-2220
Janet Broussard

ST. MARY PARISH
Courthouse Building
Franklin, La. 70548
337-828-4100 ext. 550
Gretchen Boudreaux

STATEMENT FORM FOR WORTHLESS CHECK CHARGES

NAME OF INDIVIDUAL
WHO SIGNED THE CHECK:

1. Name of person who accepted the check from the above individual.
NAME:
PHONE:
ADDRESS:

2. Name of person who sent the certified letter.
NAME:
PHONE:
ADDRESS:

3. Was the entire check written by the above individual? If not, give details as to who wrote what on check.

4. Was the check filled out and signed in the presence of the witness?
YES
NO

5. Will the person who accepted the check recognize the individual who issued the check?
YES
NO

INFO ON CHECK WRITER:
Complainant:

La Drivers License#
Merchant/Business Address:
Address:

Telephone:
Your Name:
Employment:
Merchant/Business Phone: