The Hudson Police Department has experienced an increase in contact with local businesses concerning bad check investigations. The Hudson Police would like to inform local businesses in the Town of Hudson of the proper procedures to take if you encounter this type of ordeal. It is the Hudson Police Departments policy to investigate and process bad check cases. Criminal prosecution can be brought against a person who passes a bad check if the facts constitute a violation of criminal law (RSA 638:4(link is external)). Prosecution can not be successful unless every element of proof is proven beyond a reasonable doubt. The following is the Hudson Police Departments policy guidelines (in conjunction with NH RSA 638:4(link is external)) for investigating bad checks.
The complainant (your business) who turns a bad check over to the Hudson Police Department for prosecution must agree to the following:
-Agree to go forward with criminal proceedings
-Agree NOT to accept any type of payment or restitution prior to the trial date
-Agree to make the following items available to HPD
Any employee involved or as witness
Original check
Certified letters
Bank documentations
Possible photograph or video of suspects
Below is a 'checklist' of fifteen (15) guidelines that will help you and your business establish the information necessary for the Hudson Police Department to engage in a bad check investigation.
Please contact the Hudson Police Department with any questions.
Criteria For Investigating Bad Check Cases
-A fourteen (14) day letter MUST be sent out to the maker of the check
-14 day letter MUST be sent certified mail, return receipt requested, & delivered to maker of the check only
-Letter must advise maker of check, the check was not honored and demand payment within 14 days
-The check was not postdated and cashed too early
-The check was not given to pay a gambling debt
-The check is not more than sixty (60) days old
-The complainant (your business) has NOT accepted partial payment
-The business must be able to identify the employee who accepted the check on behalf of the business AND provide time/date the check was passed
-The check was not returned from the bank stamped "STOP PAYMENT"
-The check was not payment for another bad check
-The check was presented to the bank within ten (10) days of receipt
-The check is not a government check (i.e. welfare or treasury check)
-The check is not a payroll check stamped "Insufficient Funds" or "Account Closed" (these cases should be referred to NH Department Of Labor)
-The check is not a third party check
-Identification was presented at time the check was passed AND the number & type of ID was recorded
-Employee who accepted the check on behalf of the business must be able to identify the person who passed the check at the time of trial (exceptions can be made for mailed checks or video surveillance)
-The check can NOT be an Out-of-State check
Businesses who have accepted checks that do not meet the above criteria are encouraged to contact Nashua District Court to file a small claims action.
