Subitting a Bad Check

Registration

If
you have not yet registered with the Bad Check Restitution Program, it is required that you provide basic information regarding your company. (See accompanying 
Registration Form.) You need only register one time, but if any of your information changes, please inform our office. 
 
  
Before You Refer A Check To This Program

Prior to referring a check to the Program, if the check was dishonored and returned because of “Insufficient Funds,” “Non-Sufficient Funds,” or “Stop Payment” (and there is no good faith dispute over goods and/or services between the victim and the check writer), you should notify the check writer by mail that a check has been dishonored and demand immediate payment of the check. If, after five (5) days from the date the check writer receives notice, the matter has not been satisfied, you may refer the check to our office. There is no requirement to notify the check writer by mail in the case of a check that is returned and marked "Closed Account," "No Account," “Refer to Maker,” or “Unable to Locate (UTL).”

We have provided a  Sample Demand Letter
. It contains text that is appropriate for demanding payment of a dishonored check. Remember: Victims cannot make threats of prosecution - either written or oral - to enforce or enhance the collection or honoring of the check. 
   
  
Preparing Checks For Referral 

Enclose the ORIGINAL or Bank-Generated Substitute check with the Bad Check Crime Report . NOTE: Make a photocopy of the checks you are referring (both sides) for your files.

Each check you refer to our office for enforcement must be accompanied by a Bad Check Crime Report (you may use a single report for each check writer). This report lists all the information needed to process the bad check. It is important that you fill out as much of the information as possible to assure effective enforcement. (If you do not know a piece of information you can still refer the check.)

Provide any additional information such as recent phone numbers or addresses that might be helpful.
  
 
Eligible Checks

Most are eligible for the Bad Check Restitution Program. These include checks returned because of:

  • "Insufficient" or "Non-sufficient Funds"
  • "Closed Account"
  • “Stop Payment” – ONLY when there is no good faith dispute over good and/or services between the merchant and the check writer
  • "No Account"
  • "Refer to Maker"
  • "Unable to Locate (UTL)"

 
Ineligible Checks

Some checks are not eligible for the Bad Check Restitution Program. You may still wish to pursue these checks in Small Claims Court, through a collection agency, or with the help of an attorney. Checks that do not qualify include:

  • Checks passed outside Solano County
  • Altered Checks
  • Counterfeit or forged checks (should be immediately referred to the police)
  • Checks previously submitted to a collection agency
  • Two-party checks
  • Post-dated checks
  • Checks older than 90 days
  • “Stop Payment” Checks when there is a good faith dispute over goods or services between the merchant and the check writer

    
Follow Up

If we are successful in recovering your funds, a check will be mailed to you within days of our receiving the restitution. If we are unable to enforce restitution, the check will either be sent on for prosecution or returned to you. If a check (or checks) are deemed prosecutable, you will be informed of what steps you must take as part of the prosecution process.

If we are unable to enforce restitution and the case cannot be prosecuted, the check will be returned to you.

We will do our best to make sure your bad checks are handled efficiently and promptly. 
   
  
For More Information


If you have questions about this Program or any bad checks you have submitted, please call us toll-free: (866) 668-4690, e-mail us at
DABadChecks@solanocounty.com, or write us at The Solano County District Attorney's Bad Check Restitution Program, P.O. Box 234, Fairfield, CA 94533.