Bad Check Prosecution

Notifying Receipt of Bad Check

The payee (merchant) must send notice of receipt of the bad check to the payor (check writer) via certified mail and must give the check writer 10 days to pay. Download a sample notice letter

Submitting Bad Check for Prosecution

If the check is not paid by the deadline, the check can be submitted to the Ellis County attorney for prosecution. The following three items are needed for prosecution: 
  • Legal or bank-issued copy of the bad check indicating the reason the check was not paid such as non-sufficient funds (NSF) or closed account
  • Green card from the certified mailing which serves as proof of service or attempted service
  • Completed and notarized Affidavit of Prosecution for Check Cases for each check submitted (notaries are available in our office)

Address for Submitting

Bring documents supporting your bad check claim to our office, located on the ground floor of the Ellis County Courthouse, or mail them to the address listed below:
Ellis County Attorney’s Office
Attn: Bad Check Department
107 W. 12th St.
Hays, KS 67601

Prosecution Process

The Ellis County attorney’s office will send a Check Notice Letter to the payor to advise that a bad check has been received. The check writer will be granted a short discretionary period of time to pay the bad check(s) prior to the filing of criminal charges. If payment is not made, criminal charges will be filed.

Important: Once the check has been turned over to our office for prosecution, do not accept any payment from any source for the goods / services for which the check was written. The Ellis County attorney cannot prosecute on checks for which partial payment has been accepted by the merchant.