The Business must write a letter to the person who wrote the bad check. If the check was a joint account check, then address the letter to the person who signed the check. Our office cannot file on a person who lives outside the State of Ohio.

1.    The letter should include the following:

• The name of your business to whom the check was written.

• The date the check was written.

• The amount of the check.

• The check number.

• Why the check was returned. (Non-sufficient funds, closed account, etc.)

• Any charges or fees that you wish to collect.

• Notify the check writer that they have ten (10) days from receipt of your letter to make full payment on the check, including any charges or fees.

2.    The letter must be sent to the check writer via CERTIFIED MAIL. Make sure to make a copy of the completed letter before you mail it and keep your receipt from the Post Office. After mailing the certified letter, you must wait for the "green card" to be returned to you. In the event that the check writer does not accept the certified mail, you must wait for the entire package to come back to you. Then, one of the two following steps should be followed:

• If you receive the "green card" back, the check writer then has ten (10) days from the date that the card was signed to come in and pay you the amount owed.

• If you receive the certified mail package back, unclaimed, then you must send a second letter to the check writer. The second letter can be identical to the first, except you must change the date of the letter. Send the second letter via regular mail, however, be sure you make a copy of the letter and the stamped, addressed envelope. The check writer has ten (10) days from the date that they receive the letter to pay you the amount owed. We suggest that you use a guideline of fourteen (14) days from the date of the second letter.

3.    If the check writer makes no attempt to pay the amount owed in the allotted time, then you need to bring all of the above documents/information to our office:

• Attorney Jill Leatherman, 515 E. Main Street, Van Wert, Ohio.

• Be sure to bring the actual check that was written to your business; a copy is not acceptable.

• We will prepare an Affidavit/Summons for the check writer to appear in Municipal Court.

• We will call you when the Affidavit is finished.

• You will be given all your originals, plus a copy of the originals and the Affidavit.

• Further, you will be given a copy to take to Municipal Court to file.

4.    The filing fee is Fifty Dollars and No Cents ($55.00) per check, and you should make your check payable to the Municipal Court. This $55.00 fee is recoverable from the check writer.

5.    Once you have taken the paperwork and the filing fee and gone to Municipal Court:

• Municipal Court will file the paperwork.

• Law enforcement will serve the Affidavit/Summons on the check writer.

• Local law enforcement will notify you as to the court date which law enforcement served the check writer.

6.    You will need to appear at this same court hearing that the check writer was summoned to.

• You must have follow the above procedures and have the described paperwork present with you, to succeed in court.

• If the check writer enters a plea of "not guilty" an additional hearing will be required.