Tuesday, March 31, 2015

Bad Check Collection/Prosecution

Prior to accepting a bad check for collection, the payee must send a letter to the person who signed the check, via certified, return-receipt mail. This letter must state the check number, the amount of the check, and why the check was returned. Also, this letter must advise the check writer that he/she has 7 days to make the check good (thus, this is referred to as the "7-day letter"). Once the payee has received the return-receipt card and 7 days have passed, or the letter is returned for whatever reason, he/she can then turn the check over to the County Attorney for collection.

A letter is again sent to the individual who signed the check. The individual is given approximately 14 days to respond to the letter. If the letter is returned, or if it has been delivered and no response has been received, the County Attorney may file a criminal complaint, and he/she has the discretion of asking for either a summons or warrant to be issued for the defendant to appear before the Court. Once a criminal action is filed, the defendant will then be assessed court costs and a service charge on each check.

If the payee desires to have the bad check collected, he/she should bring a copy of the "7-day" letter, the returned letter or the return-receipt card, and the original check to the County Attorney's office. A brief affidavit will need to be filled out. There is no charge for this service.  Please keep in mind that not all cases can be prosecuted, depending upon the information provided.  If you have questions regarding the process or need assistance in formatting requirements, please call the Assistant to the County Attorney.

County Attorney

Lynn Koehn
Street Address:
County Courthouse
300 South Inman
Sublette, KS 67877
Mailing Address:
P.O. Box 951
Sublette, KS 67877
Phone Numbers: Office: (620) 675-8441

Fax: (620) 675-8447

County Counselor

Jason Maxwell
Mailing Address:
500 North Kansas Avenue
Liberal, KS 67901
Phone Numbers: Office: (620) 624-5599
Fax: (620) 624-5525