Dear Merchant:
"It always happens to the other person" is not always true. You could be the
victim of one of today's most rampant crimes - hot checks. The purpose of this
pamphlet is to alert you, educate you and assure you that this office will do
every thing possible to prosecute the hot check writer. I hope the information
you are about to read will assist you. Alert and knowledgeable citizens are the
first defense against all crimes - particularly hot checks. If you have any
questions, contact our Worthless Check Section at (979) 244-7657. My office will
make every effort to collect your worthless checks including, when appropriate,
prosecution of the offender. Remember, hot checks can be controlled only with
your help.
Thank You,
STEVEN REIS
District Attorney
Procedure when the check is turned over to the Prosecutors
Office
Recommended procedure when taking a check:
It is vital that you stress to your employees the importance of being
thorough when accepting a check. If your establishment has set a policy for all
customers then no one should have any reason to feel they are being treated
unfairly. It is a good idea to have a "checklist" where a cashier can see it
easily. It should include at least the following:
-
Is it dated today? Checks must be dated the same
day they're given. Post-dated checks are not prosecutable.
-
Is the signature legible? Do NOT accept checks
previously signed. Have them sign in your presence and compare with driver's
license or other I.D.
-
Is the address complete? Require a permanent street
address, not a P O Box number unless you know the writer.
-
Can you confirm identity? Every kind of I.D. can be
forged. The most reliable are the ones with physical descriptions, photos,
etc. If you are suspicious, ask the writer to hand you the license and while
it's in your hand, ask his address and/or birth date. If it is not his
license, he may be caught off guard and give the wrong information.
-
Do written amounts and numbers correspond? Banks
will not honor checks with discrepancies.
-
Is the I.D. used recorded? Record on the check the
type of I.D. and I.D. numbers as well as the clerk's initials who takes the
check.
Checks to Avoid
The following checks usually will not normally be prosecuted as "hot"
checks:
-
A check marked "refer to
maker," "drawn against uncollected funds" or "unable to locate account";
- A post-dated check;
-
A stop-payment check;
-
A check on an out-of-state
bank;
-
A two-party check;
-
A check more than six (6)
months old;
-
A check for less than five
dollars ($5.00);
-
A check for which partial
payment has been received;
-
A check given in exchange for a
returned check;
-
A check which does not identify
who accepted it;
-
A check received in the mail;
-
A check not passed within this
county;
-
A check not presented to bank
within 30 days of issuance; and
-
A check for which no 10-day
notice was given. It is very important to get the information listed above.
Clues for Detecting Bad Checks
Procedure when a check is returned
There are certain procedures you must follow before this office will accept a
returned check for prosecution:
-
The check must be presented to
the bank for payment, even if you know it will not be honored, and stamped by
the bank as to the reason for dishonorment.
-
You must send written
notification to the check writer informing him or her of the reason the check
was not honored.
-
The written notice must be sent
certified, return receipt requested. The following sample letter
sets out the information which must be included:
"Dear Mr./Mrs. Doe: Your check
#000 dated June 20, 1995, in the amount of $000.00 given for the stereo you
purchased on the same date has been returned by the State Bank marked
"insufficient funds" (or other reason marked on the check by the bank). This is
a demand for payment in full for a check or order not paid because of a lack of
funds or insufficient funds. If you fail to make payment in full within 10 days
after the date of receipt of this notice, the failure to pay creates a
presumption for committing an offense, and this matter may be referred for
criminal prosecution.
Sincerely,"
-
Be sure to keep a copy of this
letter.
-
If, after 10 days the check has
not been paid, you must personally bring it to this office and fill out a
WORTHLESS CHECK INFORMATION FORM and furnish the following:
-
The name, address and phone
number of the person who accepted the check and who can identify the maker;
-
Specific identification of
maker such as
-
driver's license number,
-
date of birth, and
-
physical
description.
(It will be necessary for you to supply this information on a form
when you come in to the office.)
Procedure when the check is turned over
to the Prosecutors Office
-
When you bring in a
check, it will be logged and a search made to see if the maker has any other
hot check offense pending. If there is, yours will be combined with the one(s)
previously filed to expedite your restitution.
-
If not, this office
usually notifies check writers that a case is about to be filed against them.
If they do not make restitution and pay the prosecutor's processing fee,
prosecution procedures will be started. Repeat offenders are normally required
to attend a "Hot Check" Class.
The Hot Check Fee Act was passed by the Legislature to defray some of the
prosecution expense and require the hot check writers to help bear the cost of
their misdeeds. After filing a case, there can be the additional expenses of a
fine, court costs, and incarceration.
This pamphlet is intended to explain the importance of your role in
getting the necessary information to enable this office to control the check
problem and get you the restitution you deserve.
If you have any questions or problems, please contact my staff or me at
(979)244-7657. We will be glad to help you in any way we can.