As you know, the Town of Swanzey is the second largest town in Cheshire County and is growing rapidly. For the last few years this agency has been inundated with returned check complaints from local businesses. It is becoming increasingly difficult for the Swanzey Police Department to investigate all bad checks due to the volume of cases we handle.

With the constant changes and updates to the laws, it becomes increasingly more technical for police to obtain account information. Currently police file subpoenas for account information and in some cases apply for search warrants to obtain any videos or other records from the bank on individuals. However, out of state banks do not have to comply to the subpoenas from the State of New Hampshire.

Proprietors should understand that if they enter into a verbal or written agreement to make payments with an individual who has issued a bad check, the writing of that bad check will no longer be a criminal act because of the agreement with that individual: It then becomes a civil process and you (the victim) would have to see restitution through small claims Courts. Therefore, in order to provide the best possible service for the Town of Swanzey, the following policies are being implemented and must be adhered to for successful prosecution:

1. Swanzey Police Department must receive the returned check no later than thirty (30) days after the bank for insufficient funds or a closed account has returned said check. If the check is provided to the police after the thirty days, the Swanzey Police Department will not investigate any further. The victim may seek civil restitution as stated above.
2. The Swanzey Police Department will not handle any check under $50.00. We will accept aggregated checks written within thirty days of the first check that was issued totaling $50.00 or more. Proprietors and businesses are encouraged to maintain a list of individuals who have uttered bad checks in their stores and have not made good on them. Hopefully this action will “red-flag” future bad checks from being passed again in the store.
3. The Swanzey Police Department will not accept out of state bad checks, unless the check is in the amount of $500.00 or over and passed in the Town of Swanzey, NH. This would constitute a felony.
4. Business owners must mail out a fourteen (14) day demand letter for payment within the 30 day time frame. Contact the police department if a demand letter is needed.
5. The Swanzey Police Department will need original checks, letters, and receipts for a successful prosecution.
6. Demand letters need to be sent out via certified mail, return receipt requested, to insure a signature or non-compliance.
   

KNOW ALL MEN BY THESE PRESENT that I, (Your Name) on my own behalf and on behalf of my heirs, next of kin, executors, administrators, estate agents and assigns, and representatives of any nature whatsoever, for and in consideration of the authorization and permission to accompany officers or any officer of the SWANZEY POLICE DEPARTMENT during the course of their duties, which has been granted to me at my voluntary request, being aware of the potential hazards of such activity or activities, do hereby WAIVE AND RELEASE all demands, damaged, actions, causes of action, suits and claims of any nature whatsoever, whether in law or equity, that I or my heirs, next of kin, executors, administrators, estate agents and assigns and representatives of any nature whatsoever might have otherwise against the TOWN OF SWANZEY, the SWANZEY POLICE DEPARTMENT, and each and every officer, official, member, employee, agent and attorney thereof and therefore, and his or her heirs, next of kin, executors, administrators and estate, on account of my death or injuries, both to person and property, whether foreseeable or not, which may occur, directly or indirectly, or develop at anytime in the future as a result of my activities or association with the SWANZEY POLICE DEPARTMENT, whether in a police vehicle, in the police station, or otherwise associated with the SWANZEY POLICE DEPARTMENT, and officers and officials thereof in any manner whatsoever.

It expressly agreed and understood that this WAIVER AND RELEASE shall apply for the express purpose of precluding forever my claims, suits, demands, damaged, and causes of action that I or my heirs, next of kin, executors, administrators, estate agents, and assigns and representatives of any nature whatsoever might otherwise assert against any of the aforesaid parties as a result of my association and activities with the SWANZEY POLICE DEPARTMENT on (Date).

I hereby declare that the terms of this WAIVER AND RELEASE have been fully read and understood by me, and freely and voluntarily entered into and accepted by me, and I hereby acknowledge receipt of a copy of this agreement.

In further consideration of the aforesaid authorization and permission granted to me to accompany an officer or officers of the SWANZEY POLICE DEPARTMENT at my own request, I hereby promise agree to fully comply with the instructions given to me for the purposes of protecting my personal safety and that of my property.

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