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How much do I pay for the District
Attorney’s Office to enforce payment of my check? Nothing!
This service is free to merchants and other victims of bad checks.
The Check Enforcement Program requires the check writer to pay the
victim the full amount of the check plus the service fee the victim
incurred as a result of the bad check. The check writer also pays
the administrative costs of the Program.
How do I register for the Program? You
can register on-line or by calling the Check Enforcement Program at
1-888-620-9774. You will receive your Merchant’s Number via
U.S. Mail. As soon as you are registered, you can begin to submit
bad checks you have received.
If
I have stores in another county, can I also submit the bad checks
passed at those stores? For
a check to qualify it must have been physically passed within
Albany
County. Bad checks passed in other counties may be submitted to the
District Attorney’s Office for the county in which they were
passed. Not all counties have a Program similar to the District
Attorney’s Check Enforcement Program. Contact the local District
Attorney’s Office to see if you can submit the check to them.
When will I receive the money the Program recovers? Any
restitution – including a victim’s service fee – that is
received by the Check Enforcement Program is passed on to the victim
within seven days of receipt of payment from the check writer.
Why can’t I submit any check
that was refused by the bank? Certain checks are not eligible
for the Check Enforcement Program. Some of these are considered
civil matters. Some checks are considered more serious criminal
matters and the check writer is not eligible for a diversion program
and must face prosecution. Some bad checks are impossible to
prosecute because proper identification was not taken at the time of
the transaction. Some checks do not qualify as valid payment
instruments because of no signature or no amount entered.
NOTE: If you are
unsure whether a check qualifies for the Check Enforcement Program,
submit it anyway. If the check does not qualify, it will be returned
with an explanation of why it did not qualify.
What can I
do about bad checks that don’t qualify for the Check Enforcement
Program? If your check does
not qualify for the Check Enforcement Program you may consider
turning the check over to a private collection agency or seeking
recovery through other civil remedies.
What do I do if I think a check
is forged? Forged checks
should immediately be submitted to your local law enforcement
agency.
Why do I have to contact the
check writer first? It is
good business practice to give a check writer an opportunity to make
a check good. Honest people make honest mistakes and by letting them
know, you can save hard feelings and potentially keep a good
customer. A sample demand letter is provided on this site that is
intended to be a cordial but firm notification.
If you have
notified the check writer and he or she fails to respond within ten
(10) days, you should immediately submit the check to the Check
Enforcement Program.
Why can’t
the District Attorney’s Office take all the non-complying check
writers to court? Checks
are a legal document. Checks must be complete and the various
elements such as signature, address, and other identification must
be verifiable. That’s why it is so important that merchants follow
the Program Guidelines when they accept any check.
What can I do to make sure a
check qualifies for Program? The
Program Guidelines that are provided on this site outline the steps
that a person should take to ensure that a check is handled properly
at the time of the transaction. If any of these steps are
overlooked, the check may not qualify for the Check Enforcement
Program.
Please download a
copy of the Program Guidelines and share it with all management and
personnel who handle bad checks. Go over your store policy for
handling bad checks - in detail. If you need help developing a solid
set of check handling policies, please contact the Check Enforcement
Program.
Why can’t I get the posted
service fee I normally charge for a returned check? The
Check Enforcement Program is allowed by law to require check writers
to pay the service fee that was incurred by the victim.
Can I put more than one check on
a Check Complaint Form? Yes. You can put multiple checks on a
single complaint form BUT, all the checks on a single complaint form
must have been received from a single check writer.
What can I do about a bad check that is returned because the
Program can’t prosecute the case? When a check is returned by
the Program, a letter will accompany it that states the specific
reason it could not be enforced. If your check does not qualify for
the Check Enforcement Program you may consider turning the check
over to a private collection agency or seeking recovery through
other civil remedies.
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