Bad Check Restitution Program
Participation in the District Attorney Bad Check Restitution Program is simple and typically consistent with traditional secondary recovery sources. Prior to participation in the program, retailers and/or primary agencies must provide adequate written notification to the check writer extending the opportunity to make the check good before being submitted to the program. If the check writer fails to repay the check during a sufficient time frame (varies by District but generally 30 days) the check can then be forwarded to the District Attorney Bad Check Restitution Program.
Each participating District Attorney establishes the intake criteria for the types of checks eligible for their respective Bad Check Restitution Program. Although check laws vary by district, the following are typical eligibility guidelines:
| Typically Eligible |
Typically Ineligible |
- NSF
- Account Closed
- Accepted in exchange for goods or services
- Deposited in a financial institution
- Sufficient notice given to check writer
- Identification recorded at the time of the transaction
|
- Post dated
- Two-party
- Stolen/forged
- There is no amount, date or signature on the check
- The identity of the check writer is unknown
|
Most participating major merchants and primary agencies choose to submit bad check complaints electronically via email or secure FTP site. Electronic filing is the most efficient means of filing and requires no additional software or hardware for the merchant. CorrectiveSolutions' programming staff will work with the retailers’ existing software to create compatible record formats. After electronic submission of the bad check data, merchants retain all original evidence in the event it is needed for prosecution proceedings.
Participation in the District Attorney Bad Check Restitution Program does not require any contractual commitments on behalf of the retailers and or primary agencies. It is a public service provided by the District Attorney to them at no cost or obligation. In most districts, the program provides both the no-cost recovery of the face value of the check plus applicable statutory fees to reimburse the merchant for relevant bank charges. |