What are Worthless Checks

Worthless checks are checks that have been returned to a person or a business due to insufficient funds or account closed. Writing a worthless check can be a crime.

What Checks are Eligible

The District Attorney Office may be able to assist you if the check meets all of the criteria:

• The check is more than $25.
• The check is less than 6 months old from the date the check was issued.
• No partial payments have been made on the check.
• The check isn't a post-dated check.
• The check wasn't given for past consideration, except payroll checks.
• The check wasn't sent to you from out-of-state.
• The check writer doesn't live out of state (for checks less than $2,500).
• The check isn't a two-party check.
• The check isn't for rent.

How to File

A complainant will have to supply for each person with a bad check referred:

• The bad check
• Form A
• Form B

The Worthless Check Form, also available from the District Attorney's office, must be fully and accurately filled out and submitted. If the necessary information is not supplied in the forms, the District Attorney's Office will not be able to prosecute the person who issued the bad check in question.

If the check is returned for insufficient funds, the complainant must attempt to notify the issuer in writing via regular mail that there were insufficient funds to cover the check and that the issuer had five days from receipt of the notice to pay off the check. Form C is an example of what that notice should look like. You are not required to send a five day notice to the issuer in an account closed situation.

Submit the documents to our office by mail or in person to:

Marathon County Courthouse
District Attorney
500 Forest Street
Wausau WI 54403

Once Received by Our Office:

• A letter will be written to the check writer by our office. If they do not respond to our letter and all the appropriate conditions have been met, the check writer may be prosecuted for issuance of worthless checks.
• Some check writer's case(s) may be appropriate for the Court Diversion Program.

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