Office of the Prosecuting Attorney of Elkhart County

Bad Checks

The Check Diversion Program is an attempt to minimize losses from bad check writers especially to small businesses and individuals. It is a two-fold program that addresses the needs of local merchants/victims of bad checks and a program that holds offenders accountable for writing worthless checks.

Merchants who have fallen victim to the writer of a bad check can now file a report directly with the Office of the Prosecuting Attorney. In order to file a report, the first step is to obtain a "bad check packet," which is available to merchants at local law enforcement agencies, municipal courts, the Office of the Prosecting Attorney or DOWNLOAD PACKET. The Bad Check Coordinator will then review the packet and file the case with the Court for a Summons to be issued to the Defendant.

Program Benefits For Victims of Bad Check Writers

Process

  1. Individual writes a "bad check" and submits to business or individual.
  2. Victim obtains, completes and submits the "bad check packet." You can retrieve "packet" from law enforcement agencies, city courts, the Prosecutor's Office or DOWNLOAD PACKET.
  3. Bad Check Coordinator reviews "bad check packet" and files completed packet with court.
  4. After Defendant charged with Check Deception, Initial hearing held on Defendant's behalf.
  5. If Defendant is eligible, Judge or Deputy Prosecutor advises Defendant of diversion program.
  6. Defendant speaks to Bad Check Coordinator.
  7. Defendant completes and signs paperwork and Defendant then submits it to the Bad Check Coordinator.
  8. Defendant's paperwork is reviewed by Bad Check Coordinator and, if eligible, Defenant is accepted into the program. Diversion term is one (1) year.
  9. Bad Check Coordinator files completed papeerwork with Clerk's Office and Bad Check Coordinator enters information into database for tracking.
  10. Defendant given specific date and location to pay total costs of program.
  11. If violation occurs during term of diversion agreement, the State will file a Motion to Reinstate Prosecution.
  12. Bad Check Coordinator will run Defendant's criminal history two (2) weeks prior to end of diversion term to determine compliance. If violation occurred during term of diversion agreement, the State will file a Motion to Reinstate Prosecution.