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 checks:
Held ChecksChecks Stamped “Account Frozen”
Post Dated ChecksChecks Stamped “ Uncollected Funds”
Two Party ChecksChecks Given In Payment of An Antecedent Debt
Felony Checks Over 4yrs OldMisdemeanor 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 bestamped by the respective bank with thereason 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 5th floor.
- To Speed the collection/prosecution process, please check your claims before submission forcompletenessandlegibility.
- 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.
Sincerely,
Hillar C. Moore, III
District Attorney
Jeri Murphy
Supervisor, Check Department
225-389-3411
Revised January 2009