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States have different laws, but where I live, either you or the bank can prosecute. If the bank declines, you can still persue charges. If it were me, I'd fire the maid, turn in a police report, and get a warrant on both for the theft of the check. Otherwise, they will continue to steal from people, and get away with it... BTW, you should immediately order a credit report, to be sure they haven't opened any accounts in your name, that you don't know about...
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