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Q: What is the purpose of the Bad Check Recovery Program? Our purpose is to:
Q: How does the Bad Check Recovery Program work? A: The Program works by first receiving all the NSF and Account Closed check cases directly into the Program. Then our investigator works closely with the Prosecutor to determine what cases are eligible for the Program. If a case is eligible for the program, the writer is given the opportunity to correct their mistake and make full restitution within a specific time frame, generally 2 to 4 weeks. If they fail to abide by the Program requirements, a warrant is sought and prosecution will be the result. Cases where the writer has multiple prior convictions for check offenses will result in that person being ineligible for the Program. In cases where the writer is determined to be ineligible for the Program, a warrant is sought. Restitution will be sought through the criminal court process. Q: What are the steps I need to take to submit a check to the Program? A: There is a particular procedure that must be followed so your bad check will be eligible for the Program. All of these steps are needed in order to process the case through to prosecution. We assume from the beginning that the case will be prosecuted and we prepare for that eventuality, even though we know that a major percentage of the time the writer will cooperate with the Program and make restitution. The first step is that the check must be returned to you from a financial institution marked either Non-Sufficient Funds or Account Closed. Merely having a phone conversation with the bank and learning the funds aren’t there is not sufficient. Submit the check through the financial system for processing. Next, you must send a 5 Day Notice to the check writer. This Notice must be sent by certified mail, return receipt requested. Send it to the address of the check writer (either the one from the check itself or the address from the I.D. The writer should be asked about the different addresses to determine which they currently reside). Send this Notice as soon as possible after the check has been returned to you. Keep a copy of the notice for your records and for ours. The post office will return one of two documents to you. One is the return receipt showing the letter has been received. The other is a notice the letter was not deliverable. Again, make a copy of these for your records. If the letter was delivered, you must wait at least 5 working days from the date the letter was delivered to give the writer a chance to make good on the check. If the letter was not delivered, or, in the case where it was delivered and the check writer did not contact you within 5 working days, it is time to get us involved. Now you need to fill out the Bad Check Complaint Form (both pages). Make copies of the check, the 5 Day Notice, the Bad Check Complaint Form and any other documents that are related to the case (transaction record, video of the transaction, etc.). Mail or deliver the copies to the Program (do not fax). Keep all of the originals in a safe place where you can retrieve them for use in court. Q: I mailed the 5 day Notice and it came back as undeliverable. Do I have to track the check writer down and get the notice served on them? A: No, you don’t have to track them down. You must show that the effort was made to serve notice on the check writer. If you followed the 5 Day Notice procedure, you made that effort. Q: Why does the Bad Check Recovery Program just take Non-Sufficient Fund and Account Closed Check cases? A: These types of cases actually represent a majority of the check cases investigated by local law enforcement throughout the county. By directing them straight to the Program, we can alleviate this burden from the local agency, allowing them to free up time to investigate more serious offenses. Q: I received a check that was forged. What do I do with this case? A: Forgeries, Uttering and Publishing and Counterfeit Check cases should all be reported to the local police agency. Q: I received a bad check, but I don’t operate or own a business. What about my case? A: The Program is set up to handle the bad check cases from businesses and merchants for now, because that’s where the majority of these cases are generated. We may be able to service private individuals in the future. For right now, individuals who are the victims of NSF or Account Closed check offenses should contact your local police agency to file your complaint. Q: Can I just send the check to you and have you take care of all the paperwork? A: Sorry, but no. Manpower limitations do not make this possible. We need to have each bad check reported accompanied by the 5 Day Notice and the Bad Check Recovery Program Complaint Form, both filled out as completely as possible. It is much more efficient for these to be completed by the business than by our investigator. Q: Who can I call if I have questions? A: You can contact Investigator Robert Drewry at 269-969-6989, or by e-mail at rdrewry@calhouncountymi.gov. If you have further concerns, you may contact John Hallacy at 269-969-6980, or by e-mail at jhallacy@calhouncountymi.gov.
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