Police Department

Worthless/Dishonored Checks

Dishonored Checks Cases

A person is guilty of issuing a dishonored check if at the time of issuance, they intended the check not be paid (checks usually returned account closed or insufficient funds). 

The Duluth Police Department will not accept dishonored check cases for which the amount of the check or aggregated checks is $500 or less. In these cases, you can pursue the case through conciliation court or a collection agency. For more information regarding conciliation court visit the Minnesota Court’s website.

If the check is more than $500 or you have received multiple checks from the same person within six (6) months that total more than $500, do not report it to the police until you have read and completed the following procedure: 

Check Processing Procedure 

To enable the Duluth Police Department and the Saint Louis County Attorney to prosecute "Insufficient Funds" and "Account Closed" checks, the following procedure must be followed, as required by Minnesota Statute § 609.535. This Department will not investigate/refer for prosecution checks that are: 

1. More than 90 days old.
2. Post-dated checks.
3. Promissory notes and/or arrangement to hold the check for deposit or credit extensions.
4. Two-party checks.
5. Checks upon which partial payments have been made.
6. Credit card checks (except forgeries).
7. Checks without "sufficient identity information."
8. Checks that are currently in collections by a collection agency or attorney. 

"Sufficient identity information" means that the business obtained the full name, current address, and either a verified date of birth or a verified driver's license number, tribal identification number, or Minnesota identification number for the person presenting the check. 

Procedure 

By statute, you must send a "Notice of Demand for Payment of a Dishonored Check”' form (see last page) to the address listed on the check. Photocopy and send the Notice by First Class or Certified mail to the issuer. If you mailed the Notice by First Class Mail, you must complete an Affidavit of Mailing and sign it in front of a Notary Public. If you mailed the Notice by Certified Mail with Return Receipt Requested and the issuer receives it, the "green card" will be returned to you in approximately five days by the Post Office. If the issuer does not receive it, the letter and "green card" will be returned in approximately 15 days.  

Documentation Needed for Prosecution 

1. Original check or if not available, a copy.
2. Copy of the Notice and Demand for Payment of a Dishonored Check.
3. Return receipt (green card) or Affidavit of Mailing (with returned envelope, if returned to you as undelivered).
4. Completed Checklist (see next page). 

When you have this documentation, send it to the Duluth Police Department, Financial Crimes Unit, 2030 N. Arlington Avenue, Duluth, MN 55811. 

If the issuer has paid you for the worthless check after you submitted this documentation to the Duluth Police Department, you must notify the Police Department at 218-730-5160 as soon as possible. Please do not hesitate to contact us if you have any questions or concerns. 

Checklist

Notices and Demand for Payment of a Dishonered Check