When a person
receives a bad check, they are required by California 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.
Because this is a diversion program, there is a strong incentive for check
writers to comply. The check writer now has two choices: to comply with the
requirements of the Program or face possible prosecution.
For the victim the process is easy:
Victims submit the original check(s) 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. However, if
the 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.
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 writers pay all the costs of the Program, so
victims pay nothing. And no tax money goes to pay for this program. That means
NO COST for merchants, taxpayers or local government.
Fewer bad checks
Another important goal of the Program is for
fewer bad checks to be 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.