11th Judicial District Colorado
 

PROCEDURE FOR PROSECUTION OF DISHONORED CHECKS
1. CHECK OFFENSE REPORT FORM
This form must be completed in its entirety. If a question does not apply, or you have no information, enter N/A for that question. The form must be signed and dated.
2. IDENTIFICATION
We must have a DRIVER'S LICENSE NUMBER of the check writer and/or someone who can positively identify the check writer. If identification is based on personal ID we must be provided with a physical description of the check writer and the name and address of the individual who can confirm that description.
3. ATTEMPTS AT COLLECTION
It is the responsibility of the person or company who received the dishonored check to attempt to collect from the check writer before turning it over to the District Attorney's Office. Attempts to contact should include telephone calls and registered letters. Dates of all attempts and responses from the check writer must be included on the check offense form. The ORIGINAL CHECK MUST BE SUBMITTED. Once a check has been submitted to the District Attorney's Office for processing, you may NOT accept payment directly from the check writer. Payment must be made through the District Attorney's Office.
4. CHECKS NOT USUALLY PROSECUTED
  • Checks drawn on out-of-state banks
  • Checks lacking driver's license number or personal ID of the check writer
  • Checks issued in payment of past due accounts
  • Post-dated checks
  • Checks were partial payment has been accepted
  • Two party checks
  • Cases where there has been an agreement to hold the check
  • Stop payment checks
    5. SIGNATURE ON FORM
    By signing the Check Offense Report Form you are indicating that you have read and understand the points outlined above the signature line.

    It is important to remember that the District Attorney's Office is a Prosecuting Agency and not a collection agency. Information requested on the Check Offense Report Form is to aid in preparation of a criminal case. If the information requested is incomplete, the check and form will be returned to you.

    Be advised that if you submit a check to the District Attorney's Office and then take restitution directly from the check writer, we will no longer accept check cases from you.

    James G. Howell
    Chief Investigator