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Frequently Asked Questions
How
much do I pay for the Prosecutor 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 1-888-229-6276. 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 county, can I also submit the bad checks passed at those stores?
For a check to qualify it must have
been physically passed in Washington County. Bad checks passed in other
counties may be submitted to that county’s District Attorney’s Office. Not
all Oregon counties have a program similar to the Check Enforcement Program.
Check with that District Attorney’s Office to see if you can submit the check
to them.
What is the difference
between a misdemeanor bad check and a felony bad check?
By Oregon law, a criminal bad check
that is passed for less than $750 is considered a misdemeanor. Checks over $750
are felony offenses and conviction of this crime carries a stiffer penalty.
However, whether a check is a misdemeanor or felony offense, the check writer
can be fined and or be sent to jail.
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-trial 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?
Forged checks should be immediately
submitted to the Sheriff’s Office or local Police Department.
Why do I have to
contact the check writer first?
It is just good business practice to
give a check writer an opportunity to make a check good, before you submit it to
the Prosecutor’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 they fail to respond within fifteen (15) days, you should immediately submit
the check to the Check Enforcement Program.
Why can’t the
Prosecutor 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 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 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 are overlooked, the check may not qualify for the Check Enforcement
Program.
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 the actual 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?
The Check Enforcement Program is bound
by law to require check writers to pay only the actual bank costs that were
incurred by the victim.
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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