|COMMUNICATIONS AND RECORDS|
The Mount Olive Police Department will take reports on bad checks, and complaints will be signed with the Mount Olive Municipal Court. These cases will be heard in either our municipal court, or referred to the Morris County Prosecutor's Office when the amount is $200.00 or over.
RESTITUTION IS NOT GUARANTEED. You may also attempt to collect the debt through civil court or private collection agencies. As a criminal complaint, our concern is not collection of debts.
Types of bad checks are those returned to you for Insufficient Funds or on Closed Accounts. In the case of Insufficient funds, the check must have been presented for payment within thirty (30) days after issue.
The officer will either direct you to sign a complaint at the Municipal Court or refer the complaint to the Detective Bureau for further investigation and/or criminal complaints. In all cases where a criminal complaint is signed it will require the subject to appear in court to answer the charges. Many times, the subject will make good on the check after complaints have been signed by the victim. If this is the case, please be advised that you will still have to appear in court, and ask the Judge to dismiss the charges. You will also be required to pay any court costs involved.
Be advised that issuing a bad check is a violation of NJS 2C.21-5, and a conviction carries fines and a possible prison term. The subject who is accused of bad check writing will be arrested, fingerprinted, and a mug shot taken, all prior to any court appearance of disposition.
Please refer all stolen checks to us immediately.
A post-dated check is not by law considered to be a check. It is a promissory note, and therefore belongs in civil court or a collection agency. Additionally, if you collect partial payment for a bad check you have entered into a civil agreement and can no longer criminally prosecute.
Code of Criminal Justice 2C:21-5
2C:21-4. Falsifying or Tampering with Records.
a. Except as provided in subsection b. of this section, a person commits a crime of the fourth degree if he falsifies, destroys, removes, conceals any writing or record, or utters any writing or record knowing that it contains a false statement or information, with purpose to deceive or injure anyone or to conceal any wrongdoing. (Chgd. by L.1981, c.290(21); eff 9/24/81.)
b. Issuing a false financial statement. A person is guilty of issuing a false financial statement, a crime of the third degree, when, with purpose to deceive or injure anyone or to conceal any
(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some substantial respect; or
(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of aprior date is accurate with respect to such person's current financial condition or ability to pay, where as, he knows it is substantially inaccurate in that respect.
2C:21-5. Bad Checks.
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored bv the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft comrnitted by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a. The issuer had no account with the drawee at the time the check or order was issued; or
b. Payment, was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address.
Notice of refusal may be given to the issuer orally or in writing in anv reasonable manner by anv person.
c. An offense under this section is:
(1) a crime of the second degree if the check or money order is $75,000.00 or more;
(2) a crime of the third degree if the check or money order is $1,000.00 or more but is less than $75,000.00;
(3) a crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00;
(4) a disorderly persons offense if the check or monev order is less than $200-00.