Bad Check Unit

 

The Bad Check unit provides support to merchants for transactions taking place in Lowndes, Noxubee, Clay and Oktibbeha Counties for recovery of checks returned for non-sufficient funds or accounts closed. Sophia Erby is in charge of the Bad Check Unit. (The steps below are necessary because they are legally required.)

 

If, after filing a Complaint with the District Attorney, you wish to withdraw the complaint for good cause, Mississippi law requires you to pay a fee of Thirty ($30.00) Dollars to the District Attorney for processing such complaint.

 

Requirements of a Worthless Check

The transaction must have taken place in Lowndes, Noxubee, Clay or Oktibbeha county.

All checks must be less than six months old. (We request that you file a complaint with the District Attorney within sixty (60) days of the check date.)

 

All bad checks must be stamped:

 

  1. Insufficient Funds; or

  2. Account Closed

No checks will be accepted that are stamped:

  1. Stop Payment

  2. Uncollected Funds

  3. Refer to Maker

  4. Signature Irregular

The following checks will also not be accepted:

  1. Checks that have partial payments made

  2. Postdated checks or checks that you agreed to hold before depositing

  3. Two Party Checks

  4. Forgeries

The check writer must be eighteen (18) years of age on or before the check date.

 

Statutory Notice for NSF Check

If the check was ever stamped “NSF”, a 15 day notice must be mailed to the defendant. The check writer must be given fifteen (15) days to make the check good. At the end of the 15 day waiting period you can file a Complaint Form with the Worthless Check Unit. If the letter is returned undelivered, no waiting period is necessary and you can file immediately.

 

The letter must be sent to the exact address as printed on the check.

 

A check marked “Account Closed” does not require a letter to be sent. You can file a complaint immediately.

© 2020 by ​MS District Attorney 16th District.  

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