• The Delaware Attorney General's office will prosecute those who write bad checks.lincoln memorial, washington dc image by pmphoto from Fotolia.com
  
  Passing a bad check in Delaware is a crime. To assist victims or holders of bad checks, the Delaware Attorney General's office employs a Check Enforcement Program. This programs aims to recover the value of bad checks and applicable fees. When necessary, the Check Enforcement Program will prosecute to recover monies owed.
  
  

Check Acceptance

• The Delaware Attorney General recommends that businesses exercise certain measures to safeguard against bad checks. This includes asking for identification, such as a driver's license, at the time of receiving a check. This allows for matching of the check information to the identification. The identification number can also be recorded in the event the check should "bounce" or not clear the bank for payment. The Attorney General also recommends not accepting starter checks and unnumbered checks. Businesses should not accept post-dated checks and should not hold checks for payment.
  
  

Notice Requirement

• Upon receipt of a bad check, the holder of the check should make attempts to contact the check writer. If the check writer cannot be contacted, a certified, return-receipt letter must be mailed to him stating the check number and the amount with a notification that it did not clear for payment. The letter should also include a notice stating the check writer has 10 days to honor the check. According to the Attorney General, holders of bad checks may apply "reasonable fees to the amount owed to cover your labor in retrieving the check amount and any fees you may have been charged by your bank."
  
  

Check Enforcement Assistance

• If the writer of a check has not responded to the required written notice, a copy of the bad check and the written notice may be mailed to the Check Enforcement Program. It will mail a letter to the check writer stating the consequences of failing to make payment. If payment is still not received by the holder of the bad check, she may recontact the Check Enforcement Program. Bad checks may be forwarded to a police agency for investigation and prosecuted by the Attorney General's Office.
  
  

Prosecution Requirements

• Bad checks in Delaware can be prosecuted only if they fit one or more criteria. The check must be for $1,000 or more, the check must be written on a fictitious or non-existent account, or the check must be drawn on an account that does not exist. Also, if more than one bad check is written by the same person in one month and the checks total $1,000, or if four or more bad checks are written by the same person in one month, that person may be prosecuted.