Frequently Asked Questions
How much do I pay for the Commonwealth’s 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. The check writer also pays the administrative costs of the Program.
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
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 can’t the Commonwealth’s 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.
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.