Issuing Bad Checks

Issuing Bad Checks - "The Law" - Click here to view NH RSA 638:4.

Investigation Requirements

  1. No check will be accepted that has been post dated; that the complainant accepted and held for a period of time before cashing at the request of the writer; that the complainant has accepted partial payment for (for which a legal stop payment has been placed); or that have been issued as part of a pre-arranged civil contract (e.g. rent payments, loan payments). These are promissory notes, and as such, are civil in nature.
  2. No check will be accepted if the complainant cannot identify the employee who accepted the check or the place, time period and date the check was accepted.
  3. No check will be accepted if the complainant did not request proper identification such as a valid drivers license before accepting the check (unless suspect is known to the acceptor of the check). Complainant must be able to identify the suspect. Credit cards or school I.D.'s are not accepted as valid identification.
  4. No third party check will be accepted.
  5. fourteen (14) day statutory demand notice must be sent to the passer in each check case, by registered mail, with return receipt requested. In addition, you should attempt to make a personal "face to face" contact with the passer concerning the check and document your efforts.

The Investigation

  1. Notify the Police Department.
  2. Submit the ORIGINAL check, a copy of the fourteen (14) day demand letter and the ORIGINAL Post Office report receipt return showing its delivery or non-delivery.
  3. Once a check is accepted for prosecution, the complainant will no longer accept any funds for the offense without first consulting the Barrington Police Department.
  4. Once arrest warrants are in effect or an indictment has been issued from the Strafford County Superior Court Grand Jury, the complainant may accept restitution from the defendant in the full amount. However, regardless of this action, the Barrington Police Department will still prosecute the case and the complainant must agree to cooperate with the State in that prosecution.

Protect Yourself

Persons accepting checks should try to do the following to help avoid becoming a victim of "Bad Checks":

  • Initial the check when received
  • Record Drivers License Number
  • Obtain Phone Number
  • Don't accept 3rd party checks
  • Don't agree to hold a check and wait to deposit it on a later date.

Click here for a checklist for bad checks.