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Frequently Asked Questions
- What if the check was not returned from the bank within the 60 day
deadline?
Call the DRR verify if we can accept the check(s). Because
of the process we must go through before we commence criminal action,
we may not be able to prosecute the check writer however, if the check
is only a few weeks late we may still be able to work the case.
- Why won't you accept payment stopped checks?
Stopping payment on a check is normally the proper civil procedure
when a dispute arises regarding products or workmanship. Stopping
payment on a check may be a crime, however this unit can only accept
NSF or closed account checks.
- Why won't you accept fictitious,
fraudulent, lost or stolen or counterfeit checks?
By law, this unit may only accept NSF or account closed checks. Any
of the above reasons for return by the bank must be reported to the
local law enforcement agency in the jurisdiction where the check(s)
was passed.
- Why won't you accept out-of-state
bank checks?
According to the check acceptance policy, we are unable to pursue
bad check writers on checks from out-of-state banks. We are unable to
obtain bank records from many of the out-of-state banks.
- Why are pre- or post- dated or held
checks not accepted?
Holding a check for a period of time, or allowing someone to date
it purposefully for another date other than the date it is passed,
makes the check(s) a civil agreement between the parties.
- Why aren't checks for payment in
advance accepted?
When you accept a check for services in advance you are entering into
a contractual agreement with the check writer. The District Attorney's
Office cannot prosecute a case when a civil contractual agreement
has been made.
- How much does this cost me? (VICTIM)
No fee is taken from the victim. We do charge the check writer a $35.00
administration fee for each check that is submitted and a $50.00 fee
to attend a mandatory 4-hour diversion class.
- How much will I get back?
100% of the check is returned to the victim. When a bad check writer
pays restitution to the DRR, the funds will
be recorded by computer and deposited into a trust account. Restitution
will be sent to the victim.
- Can
you collect our service charge?
No. However, we can collect any bank fees you were charged by your
bank, up to $10.00 per check.
- Why aren't we contacted with status
reports?
We ask that the victim wait on average 3 months, and if they have
not either received payment, or a notice that the check writer has
been arrested, then contact the DRR for a status report.
- Why
aren't the check writers prosecuted right away?
The check unit was set up as a diversion program. We must give the
check writer the opportunity to pay restitution. From experience,
once the check writer has been arrested, it is much more difficult
to collect restitution. Further, restitution is not ordered through
our office at that time. The check unit will not be able to track
the check writer to make sure payments are made.
- Is
there a dollar limit for checks submitted?
There is no limit. Checks for any amount may be submitted.
- What do I do if I receive payment
after the check has been sent to your office?
We ask that you do not accept payment from the check writer. However,
if payment is received, please contact the DRR as soon as possible.
- What happens if the check writer
has not paid and you are unable to prosecute?
The check will be returned to victim so that they may pursue a civil
judgment.
- How is this program funded?
The program is not run by any tax payer money. The fees that we collect
from the check writers allow our program to continue operating.
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