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Frequently Asked Questions
How much do I pay for the Prosecuting Attorney’s Office to enforce payment of my check? Nothing! This service is free to merchants and other victims of bad checks. The Bad Check Restitution Program requires the check writer to pay the victim the full amount of the check plus a victim fee. The check writer also pays the administrative costs of the program. How do I register for the Program? You can register on-line or by calling the Bad Check Restitution Program at 1-800-745-3744. You will receive your Merchant’s 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 within When will I receive the money the program
recovers? Any restitution – including a victim’s
fee – that is received by the Bad Check
Restitution Program is passed on to the victim within
seven days of receipt of payment from the check writer. Why can’t I submit any check that was refused by the bank? Certain checks are not eligible for the Bad Check Restitution 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 diversion program and must face prosecution. Some bad checks are impossible to prosecute because proper identification was not taken at the time of the transaction. Some 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 Bad Check Restitution 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 Bad Check Restitution Program? If your check does not qualify for the Bad Check Restitution Program you may consider turning the check over to a private collection agency or seeking recovery through other civil remedies. What do I do if I think a check is forged? Forged checks should immediately be submitted to your local law enforcement agency. Why do I have to contact the check writer first? It is good business practice to give a check writer an opportunity to make a check good. 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 he or she fails to respond within five (5) days, you should immediately submit the check to the Bad Check Restitution Program. Why can’t the Prosecuting Attorney’s Office take all the non-complying check writers to court? Checks are a legal document. Checks must be complete and the various elements such as signature, address, and other identification must be verifiable. 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 program? The Program Guidelines that are provided on this site outline the steps that a person should take to ensure that a check is handled properly at the time of the transaction. If any of these steps are overlooked, the check may not qualify for the Bad Check Restitution Program. Please download a copy of the Program 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 the Bad Check Restitution Program. Can I put more than one check on a Check Complaint Form? Yes. You can put multiple checks on a single Check Complaint Form BUT, all the checks on a single Check 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? When
a check is returned by the program, a letter will
accompany it that states the specific reason it could
not be enforced. If your check does not qualify for the
Bad Check Restitution Program you may consider turning
the check over to a private collection agency or seeking
recovery through other civil remedies. |
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