Requirements for Filing a Worthless Check Complaint in Mississippi

• If you would like to file a worthless check complaint in Mississippi, please take note of the information below. There is no cost to file a complaint.
• The transaction must take place within one of the following counties within the 15th District:

• • Jefferson Davis
  • Lawrence
  • Lamar
  • Marion
  • Pearl River

• All worthless checks must be stamped “Insufficient Funds” or “Account Closed.”
• Checks will not be accepted if they are stamped for any reason other than insufficient funds or account closed.
  For example, the following reasons will not be accepted:

• • Stop Payment
  • Uncollected Funds
  • Refer to Maker
  • No Such Account (Usually Counter Check)

• Do not file a worthless check complaint if any of the following apply:

• • You have accepted partial payments on the check.
  • The check was postdated or you agreed to hold the check.
  • The check is payable to someone other than the complainant (two-party check).
  • The check was given in payment of a loan or on account.
  • The check is forged. (All forgeries should be forwarded to a law enforcement agency for other prosecution.)

• Prior to filing, a statutory demand letter must be sent out by regular mail or by certified mail, return receipt requested, to the last known address. The check writer must be given 15 days from receipt of your letter to make the bad check good.
• If the certified letter (notice) is returned undelivered, no waiting period is required, and you may file a complaint at that time. If the notice is sent by regular mail, an affidavit must be signed.
• A worthless check complaint must be filed in our office for each check you wish to submit to the District Attorney.
• 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 $30 to the District Attorney for processing such a complaint.
• When the Economic Crime Unit succeeds in collecting the check, you will be reimbursed the full-face amount of the check plus a $40 service fee on any check written on or after July 1, 2004.

You must bring or mail the original check and completed complaint form when presenting a complaint to the District Attorney’s Office. You must also provide the affidavit of service by mail (if the letter was sent via regular mail) or proof of certified mail (either the signed return receipt request card or the returned unclaimed certified envelope).