PROCEDURES
Before a Magistrate in Mecklenburg County will issue a warrant for a worthless check, the following conditions must be met:
- A certified letter must be sent to the defendant demanding payment in full within 10 days; however, you must allow 15 days before applying for a warrant. This will allow for appropriate time for mail delivery and response time from the defendant. The check must be stamped by the bank as “Insufficient Funds or Account Closed”. If the check is stamped as “Stop Payment“, you must seek a civil action against the defendant.
- If the defendant does not respond or the letter is returned unclaimed, (after the 15 day waiting period), you will then bring the following information to the Magistrate’s office:
- A copy of the letter and/or the envelope containing the letter
- The receipt of certified mailing
- The original check (not a photo copy)
- Your Federal Tax ID number if you are a business or Social Security number if an individual
- You will be required to complete an affidavit “Certification” for each check received and you will be asked to swear or affirm to the facts you are giving, as this will be entered as evidence if a trial is necessary. The certification requires the following information:
- The defendant’s date of birth and drivers license number including the state of issuance or I.D. Note: If you do not have the drivers license number but you have the race, sex, and date of birth or approximately age, Magistrates can process this way as well. Remember it is no longer required by law to have the race of a person, but it is required to get an I.D. (example: Drivers license, or I.D. card and their date of birth).
- The defendant’s full street address. P. O. Box Numbers are not acceptable because a warrant cannot be served at a P.O. Box.
The more information you can provide about the defendant, the more likely a law enforcement officer will be able to locate and arrest the defendant.
NOTE: Checks are processed Monday thru Wednesday 9:00 a.m. until 4:00 p.m.
PLEASE DO NOT CALL THE MAGISTRATES OFFICE CONCERNING THE STATUS OF THE WARRANTS. YOU MAY EITHER COME IN PERSON OR CALL THE CLERK OF COURTS OFFICE TO SEE IF RESTITUTION HAS BEEN MADE.