BAD CHECK CRIME REPORT TO DAVE PATTON, BUENA VISTA COUNTY ATTORNEY Send Report to: 606 Geneseo Street, Storm Lake, Iowa 50588 (712) 732-1933 PLEASE ANSWER THE FOLLOWING QUESTIONS, PRINT ALL INFORMATION IN INK AND SIGN BELOW 1. Was check post-dated at time of acceptance? __Yes __No 2. Was check received in the mail? __Yes __No 3. Does this matter involve a two-party check? __Yes __No 4. Were you asked to hold or delay depositing the check (s)? __Yes __No 5. Was there an open line of credit or payment on the account? __Yes __No A “YES” answer to any of the above questions indicates this is a CIVIL matter and is not eligible for filing with the County Attorney. Please contact the nearest small claims court for instructions on how to proceed with a civil case. If all boxes were checked “No”, we’ll be happy to help. Please complete this report, date and sign it, and forward to the above address along with the 4 requested attachments. A “Statutory Notice” (see sample notice on reverse side) MUST be served to the check writer by U.S. Certified Mail, Sheriff or private process server. On what date did you send notice? ____________ (please attach documentation). Certified mail fees, Sheriff or Process Server Fees: $_________________Returned Item Fees: $________________ 1. SUSPECT __________________________________________________________________________________________ Check writer’s full name as written on check ________________________________________________________________________ Address _______________________________________________________________________ City State Zip Home Phone # Other Phone # _______________________________________________________________________ Driver’s License # State Expiration Date How did you obtain the check writer’s identification? 2. CHECKS Other ID Was a photo ID obtained? __Yes __Driver’s License __Check Cashing Card________________ Check # Amount Date Received What was check for? __No __Other______________________ Person accepting check Can person ID check writer ? _________________________________________________________________________________________ 1. 2. 3. List additional checks on another form and attach. 3. VICTIM __________________________________________________________________________________________ Victim / Firm Name Phone __________________________________________________________________________________________ Victim Address City State Zip __________________________________________________________________________________________ Name of person filing Phone __________________________________________________________________________________________ Address where check was accepted (if different from above address) I UNDERSTAND THAT I MUST NOT ACCEPT RESTITUTION FROM THE CHECK WRITER AFTER FILING THIS REPORT. INITIAL HERE: ______________ I HAVE READ ALL FILING INSTRUCTIONS, AND HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT ALL INFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE: _________________________________________ Signature of person filing ___________________________________ Print name ________ Date FILING THE BAD CHECK CRIME REPORT: In order for the Buena Vista County Attorney’s Office to assist in seeking full restitution in those cases that meet the eligibility guidelines, and in order to appropriately punish the check writer please take the steps listed below. Note that although the County Attorney’s Office will seek full restitution for victims whenever possible, this office is a prosecuting agency, not a collection agency, and makes no recovery guarantees. “Restitution” refers to the face value of all checks listed in the report, along with all reasonable “returned item” charges as determined by the court (a copy of the bank NSF charge must be included as well as the Sheriff’s return of service). A. Fill out form completely. Attach (1) bad checks and all of the following supporting documents: (2) CERTIFIED MAIL RETURN RECEIPT or SHERIFF’S RETURN OF SERVICE, (3) Copy of “STATUTORY NOTICE” and (4) “RETURNED ITEM” notices from the bank (with fees). Copy all information for your records. B. Mail this form and items (1) through (4) above directly to Buena Vista County Attorney (address listed below). C. Once a report has been filed: ALL restitution payments must be coordinated by the Buena Vista County Attorney’s Office. Should the check writer contact you to make payment, direct them to the County Attorney’s Office at 712-732-1933. AFTER FILING: A. If you do not receive restitution within 60 days, contact the County Attorney’s Office. B. If restitution is not received from the check writer, your report will be evaluated for criminal prosecution. C. If prosecutable, you will not receive further notice until the suspect has been arraigned in court. This office will retain all checks as a matter of official record. If for some reason the report is not prosecutable, the check(s) will be returned at your request. SAMPLE “STATUTORY NOTICE” Date Dear Check Writer: You are hereby notified that a check numbered ________ in the face amount of $ ________ issued by you on _________ drawn upon ____________________ bank, and payable to __________________________ has been dishonored. In accordance with Iowa law, you have 10 days from receipt of this notice to tender payment of the full amount of such check plus a service charge of $20.00 plus certified mail or service fees, the total amount due being $ ___________. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the Buena Vista County Attorney for criminal prosecution. Closing, Your name Address Mail BAD CHECK CRIME REPORT and all other correspondence to: DAVE PATTON, BUENA VISTA COUNTY ATTORNEY 606 GENESEO STREET, STORM LAKE, IOWA 50588