Re_ Filing IWC _Issuing Worthless Checks_ Charges

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					                             Re: Filing IWC (Issuing Worthless Checks) Charges

Under Article 14:71 of the Louisiana Criminal Code, the District Attorney's Office cannot process the following

       Held Checks                             Checks Stamped “Account Frozen”
       Post Dated Checks                       Checks Stamped “ Uncollected Funds”
       Two Party Checks                        Checks Given In Payment of An Antecedent Debt
       Felony Checks Over 4yrs Old             Misdemeanor Checks Over 2yrs Old
        (Felony $300.00 and up)                    (Misdemeanor Under $300.00)

   All IWC Complaints Must Be Filed In Person

   Any check to be processed through this office must have a current Driver’s License Number or State Issued
    Identification Number identifying the check writer.

   Check(s) must be stamped by the respective bank with the reason indicating the endorsement was
    canceled. ie: “Account Closed” or “ NSF”, etc.

   You must first send a 10 day demand letter to the check writer giving him/her time to pay the checks
    directly to you. Enclosed you will also find a suggested letter which you may find helpful. The letter must
    be mailed Certified or Registered in order to request a return receipt.

   Should the letter be returned unclaimed or the check writer does not pay within the 10 day time allowance
    you may immediately file your complaint.

   Complete the merchant allegation sheet, be sure every line is completed. Attach all required documentation;
           Bad Check(s)
           Unclaimed Letter (unopened) or Return Receipt
           A copy of the 10 day demand letter
           Because you must swear to the allegation, you must file in person. Our office is located at 222
              St. Louis Street in the Governmental Building, on the 5 th floor.

   To Speed the collection/prosecution process, please check your claims before submission for completeness
    and legibility.

   Attach the two sheets of the Merchant Allegation form together. Please note that once your complaint has
    been filed with our office you must direct any and all contact from the check writer to our office. If you
    receive payment by mail, stamp it “For Deposit Only” with your deposit stamp and return it to the check
    writer advising him/her to pay it to our office. Payment must be made through our office and then
    forwarded to you.

   Out of town merchants – Please call our office for further instructions.

If you have any questions please feel free to call our office.


Hillar C. Moore, III
District Attorney

Jeri Murphy
Supervisor, Check Department

                                                                                           Revised January 2009

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