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Can you summarize MSCO 97-19-75?
False Pretenses and Cheats > Bad check complaint procedures; restitution procedures.
Short Summary
This legal document outlines the procedures for handling bad checks and restitution in Mississippi. It applies to individuals or entities who hold a check, draft, or order for payment that has been made in violation of Section 97-19-55 of the Mississippi Code. The document specifies that the holder of such a check may file a complaint with the district attorney, accompanied by the original check and a return receipt showing mailing of notice. The district attorney evaluates the complaint and may issue a warrant for arrest or notify the individual charged in the complaint. If the accused voluntarily surrenders within a specified time period, prosecution may be deferred upon payment of a service charge and execution of a restitution agreement. The document also defines restitution as the face amount of the check plus a service charge payable to the complainant. The district attorney may enter into a restitution agreement with the accused, with terms determined on a case-by-case basis. If the accused fails to honor the restitution agreement, they may be prosecuted. The document also allows for the use of bank records or photographic copies in the absence of the original check. No specific penalties are mentioned in the document.
Whom does it apply to?
The holder of any check, draft or order for the payment of money made, drawn, issued, uttered or delivered in violation of Section 97-19-55, Mississippi Code of 1972
What does it govern?
Bad check complaint procedures; restitution procedures
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Not specified in the document.
Jurisdiction
Mississippi