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1. How much do
I pay for the District Attorney’s Office to enforce payment of my check?
3. If I have stores in another county or state, can I also submit
the bad checks passed at those stores?
6. What can I do about bad checks that don’t qualify for the Check
Enforcement Program?
9. Why can’t the District Attorney’s Office take all the non-complying
check writers to court?
12. Why can’t I get the posted service fee I normally charge for a
returned check?
14. What can I do about a bad check that is returned because the
Program can’t prosecute the case?
15. After I submit a check to the Program, why can’t I take the money if
the check writer wants to pay the check off at my store?
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 full amount of the check – plus a service fee – to the victim. The
check writer also pays the administrative costs of the program so it costs other
taxpayers nothing as well.
How do I register for the Program?
You can register on-line or by calling the Check
Enforcement Program at 1-888-628-7686. If you register on-line, you will
receive a Merchant’s Registration Number by return e-mail. If you register by
phone, you will receive your Registration 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
District or state, can I also submit the bad checks passed at those stores?
For a check to qualify, it must have been physically
passed within Lane County. Bad checks passed in other jurisdictions
may be submitted to the District Attorney’s Office for the District in which they
were passed. Not all states or counties have a program similar to the District
Attorney’s Check Enforcement Program. Check with 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.
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
pre-complaint diversion program and must face prosecution. Other bad
checks are impossible to prosecute because proper identification was not taken
at the time of the transaction or for other similar reasons. Other 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?
Checks that fall outside the boundaries of the Check
Enforcement Program, usually take one of two possible paths. If the check is
considered part of a civil matter, you can pursue the check writer in small
claims court, with the help of a private attorney or through a collection
agency.
What do I do if I think a check is forged or a
counterfeit?
Forged checks should be immediately submitted to your
Sheriff’s Office or local Police Department.
Why do I have to contact the check writer first?
In Oregon, the law requires that the victim make
an attempt get restitution before referring the check to the District Attorney’s Office.
Beyond that, it is just good business practice to give a check writer an opportunity to make
a check good, before you submit it to the District Attorney’s Office. 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 the fail to respond within fifteen (15) days, yoiu 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 documents. As such they must be
complete and the various elements such as signature, address, and other
identification must be verifiable. If one or another part of a check is missing
or cannot be verified, it becomes difficult or impossible to successfully
prosecute the case. 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
prosecution?
The Guidelines that are provided on this site outline the
steps that a person should take to insure that a check is handled properly at
the time of the transaction. If one or another of these steps is overlooked, the
check may not qualify for the Check Enforcement Program. Even if a check
technically qualifies for prosecution, overall caseloads in the District
Attorney’s Office may preclude a particular check case from being prosecuted.
Please download a copy of the 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 our office.
Can I get a service fee for the bad check from the
Program?
Yes. The Check Enforcement Program can require the check
writer to pay fee to cover the bank charges that a victim incurs in handling the
bad check. This is a requirement of the Program that check writers must
comply with to satisfy their responsibility. If they fail to reimburse the
victim for bank charges – even if they pay the full amount of the check – they
may still be subject to prosecution.
Why can’t I get the posted service
fee I normally charge for a returned check?
While you can require any – reasonable – service fee for a
returned check, the District Attorney’s Office has capped the victim service fee
at $10. The intent of the Check Enforcement Program is to recover an amount that
approximates what, on average, banks charge victims for a returned check.
Can I put more than one check on a 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?
There are several reasons that the Check Enforcement
Program might not be able to enforce restitution: the check writer has moved and
can not be located, the check writer has died and the check is a part of an
estate settlement, or insufficient identification was taken at the time of the
transaction. When a check is returned by the Program, a letter will accompany it
that states the specific reason it could not be enforced. At that point, the
victim can pursue the matter in small claims court, with the help of a private
attorney or a collection agency.
After I submit a check to the
Program, why can’t I take the money if the check writer wants to pay the check
off at my store?
Once a bad check has been submitted to the Check
Enforcement Program, the check writer is given the opportunity to participate in
the pre-trial diversion program or face possible criminal prosecution. Because
the bad check is now part of a legal proceeding (in either instance) it must be
resolved through the Check Enforcement Program.
Merchants that accept payment for a bad check that has
been submitted to the Check Enforcement Program can be barred from further use
of the Program.
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