West Warwick Police Department
1162 Main Street
West Warwick, RI 02893-4829
Phone: (401) 821-4323 Fax (401) 822-9206
Fraudulent Check Complaint
Instruction Packet
To: Citizens and Business members of the Town of West Warwick
From: The Office of the Chief of Police
RE: Policy and Procedures concerning Fraudulent Check complaints
If a check is returned by a bank for Insufficient Funds, Account Closed, No Account
Found, Stop Payment, or Refer to Maker, the West Warwick Police Department requires
that certain steps be followed before a criminal investigation can be initiated.
The West Warwick Police Department will not be able to prosecute banking law
violations unless a positive identification can be made of the check’s maker by the
individual (clerk/cashier) who actually received the check. Valid identification must be
obtained from the check’s maker at the time of receipt. Valid forms of identification are
a state driver’s license, a state identification card, or a military ID. It is your
responsibility to ensure the identification matches the check maker and you record the ID
state and number, date of birth and telephone number and verify the address on the check.
You may also note the maker’s vehicle description and registration, and their physical
description.
If the dollar amount of the check is less than $50.00, we recommend that you pursue the
matter in Small Claims Court or a collection agency as a civil matter. If the check’s
dollar amount is in excess of $50.00 and has been deposited through normal channels,
please complete the following steps:
Checks returned marked Insufficient Funds, Account Closed, or No Account Found:
1. Send a letter demanding payment via Certified Mail to the check maker’s
current address.
2. You will then receive either a Domestic Return Receipt (green card) signed by
the recipient or the unopened letter marked Unclaimed, Moved-No
Forwarding Address, etc.
3. If the letter was accepted, you must allow seven (7) days for the maker to
make restitution. If after seven (7) days, restitution is not made you may file a
criminal complaint with the Police Department. If the letter was not accepted,
you may also file a criminal complaint with the Police Department.
4. Complete the enclosed Fraud Check Complaint Form and submit it to the
Police Department with the following support materials:
a. The original check
“Courage ~ Sacrifice ~ Devotion”
b. The green Domestic Return Receipt or the unopened letter
c. A Witness Statement completed by the receiver of the check
(cashier/clerk) who will be able to positively identify the maker. Refer
to the attached sample statement.
Checks returned marked Stop Payment or refer to maker:
1. Send a letter demanding payment via Certified Mail to the check maker’s
current address demanding restitution or the return of merchandise within
three (3) days.
2. Follow steps 2-4 from above.
Once you have filed a criminal complaint with the Police Department, DO NOT accept
any payments from the check maker. Refer them to the investigating police
officer/detective. If you accept payment or partial payment, the matter becomes civil and
criminal prosecution will be declined or terminated. If restitution is made and the Police
Department is not notified, you could suffer civil ramifications.
If all of the reporting requirements are met and there is sufficient evidence that the check
was passed with the intent to defraud and the suspect can be positively identified, our
criminal investigation will commence. The complainant will be required to attend any
and all court proceedings.
The Fraudulent Check Packet can be obtained at the West Warwick Police Department or
on our website www.westwarwickpd.org. The packet can be submitted in person or
mailed to the Detective Division – 1162 Main Street, West Warwick, RI 02893. A
detective supervisor will review the case and make contact with you. A Detective
Sergeant/Fraud Investigator can be contacted at 401-827-9004.
The West Warwick Police Department will investigate all cases of stolen, fraudulent, or
other check schemes that do not fall into the category of routine checks. However, we
can not accept the following types of checks for criminal prosecution:
a. Checks under $50.00
b. Checks after ninety (90) days from the date of issuance
c. Third (3
rd
) party checks
d. Checks for rent, services rendered, or repayment of loans
e. Checks received by mail
*The West Warwick Police Department strongly suggests that you or your company
obtain the means of photographing or recording the transaction in order to capture an
image of the check maker. This means of positive identification can protect you, your
company, and the Police Department from false arrests and/or law suits which can arise
from improper identification.
Sample Witness Statement Narrative:
“Courage ~ Sacrifice ~ Devotion”
Instructions on how to present your claim to Small Claims Court:
These instructions are for those who want to sue in small claims court and/or do not meet
the requirements as set forth in the West Warwick Police Department’s Fraudulent Check
Policy. This form is to be used for Small Claims Court Notifications only. This form is
to be filled out by you and sent to the person/business that made the bad (bounced) check.
Please print clearly. This form must be sent certified mail with return receipt requested.
If after thirty (30) days you do not hear from the offending party, you should contact RI
Small Claims Court – Kent County Courthouse at 222 Quaker Lane, Warwick, RI 02886
(401)822-1771 for further instructions.
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Notice of Dishonored Check
Date:____________________
Name (maker of check):____________________________________________
Address (of maker):________________________________________________
________________________________________________
You are according to law hereby notified that check numbered _________________ and
dated __________________, drawn on (name of bank) ___________________________
in the amount of $_____________________, has been returned unpaid with a notation
that payment has been refused because of NSF, Stop Payment, Refer to Maker, or other
(circle one). Within thirty (30) days from the mailing of this notice, you must pay to
(your name or business name)__________________________________ at
(address)_____________________________________________________________. If
payment is not made within thirty (30) days of this notice, you may be liable under 6-42-
3 of Rhode Island Commercial Law, in addition to the amount of the check, a collection
fee of $25.00, and up to three (3) times the amount of the check, but in no case less than
$200.00 and not more than $1000.00.
Signature of the check holder:______________________________________________
Fraud Check Complaint Form
“Courage ~ Sacrifice ~ Devotion”
Police Department Case #_______________________
I, _________________________________________(your name),
voluntarily without threats or promises make the following statements:
Date of incident:___________ Location of
incident:____________________
Complainant’s information:
Name:_____________________________________ DOB:______________
Address:______________________________________________________
Phone numbers:________________________________________________
Social Security #: _____-_____-____ EMail:_________________________
Suspect’s information:
Name:______________________________________DOB:_____________
Address:______________________________________________________
Phone numbers:________________________________________________
Type of ID used during transaction and ID number:____________________
Description: Sex:_____ Height:______ Weight:______ Eyes:_______ Hair:_______
Check number:_________________ Amount of check: $_______________
Item(s) purchased:______________________________________________
Reason check returned (circle one): Insufficient Funds, Acct Closed, Other
Checking account number:_______________________________________
Name and Address of Bank:______________________________________
_____________________________________________________________
Date Certified Return Receipt Letter was sent:_______________________
Date Receipt or letter was returned: _______________________________
Results of letter (circle one): Accepted, Refused, Undeliverable, Other
NOTE: Any person or company representative may sign this complaint
form: however, the person who accepted the check must complete the
Witness Statement.
Signature:_______________________________Date:_________________
“Courage ~ Sacrifice ~ Devotion”
