When a person receives a bad check, they are required by New York Statutes to notify the check writer.  If the check writer resolves the check at this point, it is no longer an issue.

      However, if the check writer refuses to make restitution, the check can be turned over to this Check Enforcement Program.  The check writer now has two choices: to comply with the requirements of the Program or face possible criminal prosecution.

      Because this is a pre-filing diversion program, there is a strong incentive for check writers to comply - they pay full restitution and the required fees or face possible prosecution.  For the victim the process is easy:

      Victims submit the original check attached to a completed Check Complaint Form. Multiple checks (from the same check writer) may be attached to the same form.

      From that point, the Program works directly with the check writer to obtain restitution. Besides paying the full amount of the check, the check writer is required to pay a service fee to the victim as well as pay the administrative cost of the program. Finally, they are required to complete a Check Writers Educational Course.

       If the check writer does not comply with the requirements of the Program, prosecution proceedings can begin or, if the case is not prosecutable, we notify you with an explanation of why.  You may then wish to turn the matter over to a private collection agency or pursue it through a small claims court.

Benefits for the entire community

     While the primary goal of the program is returning more to businesses and individuals who have lost money to bad check crime, there are aspects of the program that help all of us.

    Check offenders pay all the costs of the program, so victims pay nothing.   And no county money or tax money goes to pay for this program. That means no costs for merchants, other taxpayers or county government.

Fewer bad checks

     Another important goal of the Program is fewer bad checks being issued in the first place. Prevention is preferable to prosecution. Prevention takes several forms in the Check Enforcement Program.

      Click on those links to learn more about how we work to help merchants and other victims avoid accepting bad checks and how we work to help bad check offenders avoid writing them.