Attorney Check Enforcement Program has been discontinued

Each year merchants lose millions of dollars to bad checks. Bad checks affect everyone, pushing the costs of goods and services higher. As you know, they can be devastating to small businesses. Make no mistake; unlawfully issuing a worthless check is a crime.

Iowa Code 714.1(6) sets forth a process that a victim must follow when dealing with bad checks:

"a.) Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten days of the maker’s receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices.

b. Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation."

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