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, and the Office of the Prosecting Attorney. 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 will then obtain, complete, and submit the "bad check packet." You can retrieve the packet from law enforcement agencies, municipal courts, the Prosecutor's Office or DOWNLOAD PACKET

    Download Forms
  3. Bad Check Coordinator reviews business packet and files completed packet with court.
  4. Initial hearing held on Defendant's behalf.
  5. After judge recommends diversion program, the Defendant speaks to the Bad Check Coordinator.
  6. Defendant completes and signs paperwork and Defendant is then accepted into the program.
  7. Completed paperwork is filed with the Clerk's office and Bad Check Coordinator enters information into database for tracking.
  8. Defendant is given a specific date to pay total costs and fees to victims and court.
  9. If violation occurs during the term of the diversion agreement the State will file a Motion to Reinstate Prosecution.
  10. Bad Check Coordinator will run a criminal history and review the terms of diversion two weeks prior to the end of the term of diversion. (diversion is for one year)