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Frequently Asked Questions
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What if the check was not returned from the bank within the 60-day deadline?
Call the check unit to 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.
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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 my be
crime, however this unit can only accept NSF or closed account checks.
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Why won't you accept fictitious, fraudulent, lost or stolen or counterfiet 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.
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Why won't you accept out-of-state bank checks?
According to the check acceptance policy, we are unable to pursue
check writers on checks on out-of-state banks. We are unable to obtain bank records
from many of the out-of-state banks.
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Why are pre- or post- date or held checks not accepted?
Holding a check for a period of time, or allowing someone to date it
puposefully for another date other than the date it is passed, makes the check(s) a
civil agreement between the parties.
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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.
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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.
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How much will I get back?
100% of the check is returned to the victim. When a bad check
writer pays restitution to the District Attorney's Office, the funds will be recorded
by computer and deposited into a trust account. Restitution will be sent to the victim.
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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.
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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 check unit for a status report.
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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. Also, from experience, once the check
writer has been arrested, it is much more difficult to collect restitution. Further,
restitution is not ordered through the District Attorney's Office at that time.
The check unit will not be able to track the check writer to make sure payments are made.
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Is there a dollar limit for checks submitted?
There is no limit. Checks for any amount may be submitted.
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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 check unit as soon as possible.
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What happens if the check writer has not paid and you are unable to prosecute?
The check will be returned to the victim so that they may
pursue a civil judgement.
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How is the program funded?
The program is not run by any tax payer money. The fees we collect
from the check writers allow our program to continue operating.
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