When Taking a Check From Customers:

1.      Always make sure that the check being presented contains the following information:

A.    Date of Birth

B.     Driver’s License Number   

C.     Complete Physical Address (A PO Box is not a complete address)

D.    The store clerk/cashier must initial the check

 2.      Always verify that the photo on the driver’s license matches the identity of the person presenting the check and verify that the address is current.

Please note: The Mitchell County Attorney’s Office and The Osage City Attorney and The Osage Police Department will not accept bad checks for prosecution without the date of birth, driver’s license number and complete physical address of the person presenting the check. Additionally, the check must be initialed by the store clerk/cashier who can identify the individual who presented the check.

Checks Returned As “Non-Sufficient Funds”:

 1.      A “Ten Day Check Notice”  is a document which informs the individual that the check amount must be paid within ten (10) days and also explains the penalties of the crime. When a check is returned as “Non-Sufficient Funds” a “Ten Day Check Notice” must be filled out and should include the amounts of any check fee charges, certified mail charges, or Sheriff’s service fees. The “Ten Day Check Notice” must be sent to the individual by certified mail (return receipt), or served upon the individual by the Sheriff of the County and State of which the person resides. Retain a copy of the “Ten Day Check Notice”.

 2.      If full payment is not received within ten (10) days from date of service, please contact the Osage Police Department and provide us with the original check, along with all accompanying documentation including the Bad Check Referral Sheet. Please DO NOT delay this procedure.

Checks Returned as “Account Closed or No Account”

 1.      You are not required to send a “Ten Day Check Notice” on checks returned as “Account Closed” or “No Account”, however, please note the following:

 A.    The check must be stamped by the bank as “Account Closed” or “No Account” prior to the check being turned over to The Osage Police Department.  Include the Bad Check Referral Sheet.

B.     On “Account Closed” checks, we encourage you to contact the individual’s bank to inquire as to who closed the account and the date the account was closed. If the account was closed by the bank, please ask if the account holder was given notice of their account being closed.

Suspected Check Forgeries:

 1.      Contact the Osage Police Department to report any suspected check forgery. You would be required to provide law enforcement with the original check and any other documentation pertaining to the suspected check forgery.

Filing of Complaint and Affidavit:

 1.      Once a check is turned over to the Osage Police Department a Complaint and Affidavit will be filed, accusing the individual of the crime of Theft.

 2.      If the Magistrate Judge finds probable cause on the Complaint and Affidavit, she will issue a summons for the individual to appear in court, or will issue an arrest warrant.

 PLEASE NOTE: Once a Complaint and Affidavit has been filed with the court, you can no longer accept payment from the individual. Payment can only be made through the Clerk of Court because of applicable court costs, which could include fines, surcharges and restitution.