What happens after a bad check is turned over to Diversion by the merchant?

Not all bad checks can be accepted by Diversion Services for criminal prosecution. Diversion makes an initial assessment of the checks received to determine whether they fit within the legal guidelines of a criminal bad check. Please note that an acceptable check must meet one of the following requirements:

  • ID of the check-writer was taken by the merchant at the time the check was written
  • The person who accepted the check can personally identify the check-writer in court under oath

The County Attorney's Office cannot pursue criminal charges for bad checks if any of the following conditions exist, as these checks cannot be successfully prosecuted under Nebraska bad check statutes:

  • Checks for payment on contracts and lease agreements
  • Checks for which partial payment has been accepted
  • Checks included in bankruptcy proceedings
  • Checks not written or passed in Lancaster County
  • Checks on which a stop payment order has been filed
  • Checks suspected as being forged
  • Checks that do not show payee, date, amount and signature
  • Checks that were accepted as payment on account
  • Checks that were asked to be held when issued
  • Checks that were issued for payment of rent
  • Checks that were post-dated when accepted
  • Two-party checks

Show All Answers

1. Someone has written a bad check to my business. What can I do?
2. What happens after a bad check is turned over to Diversion by the merchant?
3. What happens after the check is accepted by Diversion Services?
4. Can a merchant take a payment after a check has been turned over to Diversion?
5. Is there a minimum/maximum amount of a bad check that can be processed by Diversion?
6. How do I make payment on my bad check?
7. What happens if the check-writer does not respond to the letters from Diversion?
8. What happens after criminal charges are filed?
9. How do you determine if someone is eligible for the bad check program that can result in a dismissal of charges?
10. What is the bad check program?