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Mississippi Check Law and Fee 1. The transaction must have taken place and the check received in Pearl River, Lawrence, Marion, Jefferson Davis or Lamar counties. 2. All worthless checks must be stamped - A. Insufficient Funds; or B. Account Closed. 3. Checks will not be accepted if they are stamped: A. Stop Payment; B.Uncollected Funds; C. Refer to Maker; D. No Such account (usually counter check). 4. The following checks will also not be accepted A. Checks on which partial payments have been made; B. Postdated checks; C. Two party checks; D. Forgeries (all forgeries should be forwarded to appropriate law enforcement agency for other prosecution). 5. A thirty (30) working days notice must be mailed by certified mail, return receipt requested, to the exact address as given on the check by the maker. The check writer must be given thirty days from receipt of your letter to make the bad check good. 6. If the certified letter (notice) is returned undelivered, no waiting period is required and you may file a complaint at that time. 7. You must bring or mail the following when presenting a complaint to the District Attorney in the following order: A. Original check; B. Completed worthless check complaint; C. Return receipt request card (green card) if signed for. If the certified letter is returned unclaimed, sent the unopened letter. 8. A worthless check complaint must be filed in our Office for each check you wish to submit to the District Attorney. 9. If, after filing a Complaint with the District Attorney, you wish to withdraw the complaint for good cause, Mississippi Law requires that you pay a fee of Thirty ($30.00) Dollars to the District Attorney for processing such complaint. The law provides and additional tool for obtaining restitution on bad checks. It is in addition to existing law but does not supplant it. The merchant or individual is still at liberty to pursue conventional criminal prosecution if for any reason it is deemed to be more appropriate in a given case. If you choose to prosecute criminally, go to the appropriate law enforcement agency as you have done in the past. |