Guidelines for the Program


 There is NO CHARGE to you or any citizen who receives a bogus check. There IS a charge to the check writer.

 

How To Use The Program
1. There is no set amount of time that a merchant must extend to the customer, nor are there any regulations governing the number of collection attempts made by merchants.
2. When a check writer does not pay, bring original check to the Bogus Check Restitution Program office as soon as possible.
3. Don't allow check writer to break promise after promise in order to gain extensions. This only gives them time to change residences and makes collection procedures more difficult.

Where Does the Check Writer Pay for Checks?
When the bogus check is in your possession, you may accept the money for the check plus bank charges you were assessed for a returned check. It is advisable to take only cash, a cashier's check or money order for the full amount due to you. If you accept partial payment and the check writer fails to pay the balance or if you accept another check in the payment of a bogus check and it is also bogus, you have in the eyes of the law, extended credit to the check writer. Your remedy would then be through civil court and you would be unable to continue through the BCRP on that particular check.

Once the bogus check is in the possession of the District Attorney, ALL PAYMENTS MUST BE MADE THROUGH THE DISTRICT ATTORNEY'S OFFICE. From time to time, the check writer will come to you with the exact amount of cash to cover a check already assigned to the program. (This will usually happen after they get our letter.) When this happens please tell the check writer that you no longer have the check and he or she must contact the DA's office.

RESTITUTION AGREEMENT
When located, the District Attorney may allow the check writer to enter into a Restitution Agreement not to exceed two years for repayment of the check- plus state fees -if the check writer is unable to make full payment at that time. Please understand that when this happens the merchant will receive what is due them first, then any state fees or court costs will be paid last. Under this plan, the District Attorney may prosecute a check writer who fails to comply with his or her restitution agreement just as if no restitution has been made.