Bad Check Restitution Program and Policies
 

As your Prosecutor, I am concerned when a merchant or individual has accepted a check for payment of goods or services and is unable to collect the funds it represents. We are all affected, in the form of higher costs associated with the losses experienced by those in business.

In an effort to diminish this problem, we have organized a bad check program to assist those businesses left holding these promises to pay.

Your help starts when you accept a check. Demand of your employees that they get the following information:

1. Name, residence, business address or mailing address of the maker.

2. Drivers license number or social security number and home telephone number; and

3. Date of birth of the maker.

If the check is returned from your bank, send a letter such as the sample letter (Exhibit #1). Send the letter by certified mail to the address printed on the check or an address that was given by the person writing the check at the time of acceptance. 

If the check is not paid within 10 days of mailing, bring the original check, a copy of your letter, the certified returned mail receipt (green card), and a record of any other contacts into the prosecutor’s office. The sooner we have the information, the more likely we are to find the check writer.

• If you accept a post-dated check, it is viewed as a promissory note and must be collected civilly.

• When you bring the check and documents you will be asked to sign an affidavit of what happened, which will be the basis for a criminal charge.

• If you receive payment you must notify our office immediately. If you choose to accept a partial payment the matter becomes a civil issue and our office will no longer be involved.

Based upon the number of checks, aggregate value of the checks, if the account is closed, our office will decide if a charge of check deception, theft, or check fraud is appropriate.

Most Counties will not serve a warrant and/or arrest a person unless the warrant provides a social security number and/or a drivers license number and a date of birth of the defendant.

After a person is arrested or cited into court, it is not uncommon for the writer to remember the check and suddenly want to make it good.

Our office does not handle payments. Payments will be sent to you. Assuming they pay, you should give them a receipt and call our office immediately to verify payment.

In the event the person does not pay and pleads guilty or is convicted, it is our policy to order or make restitution as part of the sentence.

In the unlikely event that the matter results in a trial, you and/or your employee may be asked to come in for depositions and/or appear and/or testify at a trial, before a Judge or jury.

Our office prosecutes bad checks as a crime. We are not a collection agency.

If you have any questions or suggestions on how we better may serve you, please do not hesitate to contact me.