WORTHLESS CHECKS RESTITUTION PROGRAM

Writing bad checks is a crime. Help us stop it by reporting bad check writers. We will go to work to recover your money. The person who wrote the bad check(s) will have to pay a fine to the District Attorney's Office and a victim's fee as well as make good the amount of the check(s). The fees are substantial ($94 per bad check) in addition to the fees businesses and individuals who receive bad checks may charge (up to $30 per check).

Checks We Can't Help Recover: Under Alabama law; we can only recover certain checks. We cannot help recover checks that were written for:

• Cash Advance

Such checks may be collected by filing a claim in small claims court. You may wish to consult your attorney. Also, we cannot accept checks that were processed through a bank at least once and returned stamped with:

Checks that are stamped with IRREGULAR SIGNATURE or FORGED should be reported as forgeries to your local police department, or Baldwin County Sheriff's Department.

Checks We Can Help Recover Must Meet The Following Criteria:

• Be less than one year old
• Transaction(s) took place in Baldwin County
• No payments have been made on the check(s)
• Check(s) processed by the bank and stamped with one of the following reasons as reason for return unpaid:
  

  NSF	REFER TO MAKER	ENDORSEMENT CANCELLED
  ACCOUNT CLOSED	NO ACCOUNT FOUND

RESTITUTION PROCESS

1. Use the U.S. Mail to send a certified letter with a return request receipt (green card) to the check writer. This letter must be sent to the check writer at the address printed on the check. If the bad check is from a business, the letter must be mailed to the person who signed the check.
2. Save the green card returned to you by the post office after the letter was delivered. You must give the check writer 10 business days, from the day the letter was delivered, to pay the check and the service fee to you. Do not accept a partial payment, only the full amount, because once you accept a partial payment, the worthless check will no longer be treated as criminal but as a civil matter; thus, prosecution is no longer possible. If the letter is returned to you "Refused" or "Undeliverable", do not open it and do not throw it away.
3. If you do not obtain payment, fill out the Worthless Check Complaint Form and provide as much information as possible. Then attach to it, the legal copy of the check (the one the bank sends you), and the green card from the post office plus the unopened letter, if it was not delivered.
   
4. Mail the package (from step 3) to us at P.O. Box 1269, Bay Minette, AL 36507. After the complaint and Warrant is processed, we will call you to come in to appear before the clerk to sign the Warrant. Or, you may bring your package to any of our Worthless Check Units where we will prepare the Complaint and Warrant while you wait.
5. Once you turn-in the check(s) to our office, do not accept payment from the check writer. Payments must be made to the Worthless Check Unit only. Under Alabama law, you must pay a $30.00 fee if you or someone from your business takes a payment on a check that has been turned into our office.

After You File a Complaint, We Will Do The Rest.We operate with the full authority of the laws of the State of Alabama and the Baldwin County District Attorney's Office. If, after 6 weeks, you have not received a check from our office, please call to determine the status of the recovery effort on the check(s) you reported. Distribution of all funds collected by this office will be made once a month.

Helpful Hints That Can Speed Up Recovery of Bad Checks
To keep losses to a minimum, establish a strict check acceptance policy and always follow it. Obtain as much information as possible about check writers and write on the check:

• A complete physical address in addition to a P. O. Box address.
• Driver's license number, Social Security Number, and Date of Birth.
• Phone number (home and work).
• Do not accept a post dated check and do not agree to “hold” a check for any length of time.
• Each check should be signed in your presence. No previously signed checks.
• Each check should be for the amount of purchase only.
• No out-of-state checks.
• There is added risk with accepting a two-party check or cashing a payroll check.
• Network with other merchants, especially if they operate a similar business. Share information.
• Never risk taking a check for an amount high enough to cause financial hardship for your business. Ask for cash or a cashier’s check.
• Use caution whenever you take a check. If you feel suspicious, ask for another form of payment. Learn to trust your intuition. Bad checks are bad business. A check is not an IOU; the funds should be in the bank at the time of the transaction.

Baldwin County Worthless Check Unit Locations

BaldwinDA@co.baldwin.al.us

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