Frequently Asked Questions

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 1-888-240-6495.  You will receive your Registration Number and a merchant’s Bad Check Protection Kit via U.S. Mail.  As soon as you are registered, you can begin to submit bad checks that you have received.

If I have stores in another state, can I also submit the bad checks passed at those stores?

For a check to qualify it must have been physically passed within San Diego County .  Bad checks passed in other states may be submitted to the Prosecutor’s Office for the county 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 rather than criminal matters and the Check Enforcement Program deals only with potentially criminal bad checks.  Some checks are considered more serious criminal matters and the check writer is not eligible for a diversion program and must face immediate prosecution. These include counterfeit or forged checks.  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?

All the same avenues for pursuing these checks are still available. 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 forgery?

Forged or counterfeit 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 California , the law requires that the victim make an attempt to get restitution on Insufficient funds checks before referring the check to the District Attorney’s Office. (Closed Account checks may be referred to the Program with prior notification to the check writer.) 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 Check Enforcement Program. Honest people make 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 they fail to respond within five (5) 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. 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 if the check writer’s identity can not 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 you receive when you register detail 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 are overlooked, the check may not qualify for the Check Enforcement Program. Even if a check technically qualifies for prosecution, overall case loads in the District Attorney’s Office may preclude a particular check case from being prosecuted. There is a practical limit to the size of a check that can be 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 a service fee to help offset the costs 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’s service fee – 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?

The Check Enforcement Program provides a nominal Victim’s Service Fee. By necessity, the amount must be the same for everyone, even if your posted returned check fee differs.

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. These might include that 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. If a case cannot be successfully prosecuted, we will return the check to you for private collection or hold the check in an inactive status. If we receive additional information about the check writer, the check case can be re-activated and further investigation can take place. 

 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-filing 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 who refer a check to the Program may not accept payment for that check directly from the check writer.

 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.