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Prosecuting Attorney
Peter J. Lucido

Consumer Protection UNIT

Our mission is to protect the public against the unscrupulous merchants and “con” artists who prey on the unsuspecting consumer and seek justice for the victims of financial crimes.

For over 30 years Macomb County consumers have enjoyed the protection provided by the Consumer Fraud Unit of the Prosecutor’s Office. The main goals of the unit are protection of the public against the unscrupulous merchant and prosecution of the “con” artists who prey on the unsuspecting consumer.

 

BAD CHECK RECOVERY

While any fraudulent or invalid check complaint can be brought to law enforcement, you have options when seeking recover for a bad check.

Has someone written you a bad check in Macomb County?

The Macomb County Prosecutors Office is committed to protecting the people of Macomb County from financial fraud. The Macomb County Prosecutors Office does not tolerate any bad checks, however not all bad checks can be prosecuted as a crime. The first step is to determine whether the circumstances that gave rise to issuance of the check rises to the level of a crime.

Crimes: Generally, circumstances amounting to a crime are shown when a check is issued and represented by the maker to have sufficient funds on deposit for immediate withdrawal at the bank, which induces immediate action by you such as immediate performance of services or immediate delivery and goods.

For Example, circumstances that will not support a bad check crime occur when a bad check is issues and presented fa payment of a preexisting debt.

However, there are numerous variations of bad check scenarios, including “stop-payment” checks, a faulty payment which must be reviewed on a case by case basis to determine if a crime was committed.

Civil Recovery

You always have the option to file a civil case against the maker of the bad check

Was the check for $6500.00 or less?

If the amount in question is $6500.00 or less, you could file a complaint in small claims court to recover your loss. (Per MCL 600.8401, the amount increases to $7000.00 on Jan 01, 2024) You do not need an attorney in small claims court. Contact your local District Court for the form and instructions.

Was the check for more than $6500.00?

If the amount in question exceeds $6500.00, you could hire an attorney to file a regular civil lawsuit to collect. (Per MCL.600.8401 this amount increases to $7000.00 on Jan 01, 2024). Some attorneys may file a lawsuit for you on a contingency basis.

REPORT TO LOCAL POLICE DEPT.

If you believe that you are the victim of a bad check or other fraud crime, you should report the matter to your local Police Department do that they can begin a criminal investigation. Provide as much background information as possible. Depending on the findings, they may present the evidence to the MCPO to initial criminal proceedings in Court against the maker. If the criminal proceedings are successful, the Judge may assign jail time or other penalty, and payment of restitution to you.