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When a person receives a bad check, they are required by Oregon 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 prosecution. Because this is a pre-trial 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 Writer’s 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.
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