How to File a Bad Check Charge in New York

by Anna Assad ; Updated July 27, 2017

You can file charges against a person who wrote you a bad check in New York. The drawer—the person who wrote the check—is liable for the check amount and bank fees you received because of the bounce. If the person willfully wrote you a bad check, she may face criminal charges in New York. You must follow notification procedures to the drawer as set out under local laws in the state before filing a charge.

Step 1

Visit your bank. Ask for a copy of the bad check and an account statement showing the check bounced and any fees. Make two copies of the account statement.

Step 2

Write a letter informing the drawer the check bounced. Include the check amount and all bank fees, and ask for payment. Attach the account statement, but redact any personal information. Copy the letter. Mail the letter to the drawer by certified mail, return receipt requested. Contact the district attorney's office to verify the wait time.

Step 3

Contact the bank with the account you deposited the check in. Initiate a dispute. Ask for copies of the dispute papers. How long you must wait before pursuing action varies by county in New York. Contact the district attorney's office to verify how long after initiating the dispute you must wait to file the charge.

Step 4

Go to the local police department or district attorney's office. You can file in the district attorney's office in some New York counties or the local police department. The district attorney's office can help you file criminal charges. Contact the district attorney's office for bad check procedures. Bring the letter copy, returned receipt, dispute paperwork and account statement copy. Ask the officer or clerk for a bad check complaint form.

Step 5

Complete the form. Forms vary by county in New York, but you typically need the defendant's name and address and the banking information. Attach the return receipt, check copy, letter copy and dispute papers to the form. File the form.

About the Author

Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.