County Attorney Offers Help With Bad Checks
By Tammy Gray-Searles
Businessowners and even individuals who accept personal checks only to find out thatthey are no good have recourse through the Navajo County Attorney’s Office badcheck program.
Atno cost to the business owner, county attorney staff members will attempt tocollect the amount due and, if necessary, prosecute the bad check writer.Victims of bad checks simply need to submit the check and a few short forms tothe county attorney’s office. After that, the agency takes over and victims donot need to pursue collections.
Inorder to submit a bad check to the program for collection, a victim shouldfirst send a notice letter to the person who wrote the check via certifiedmail, with return receipt requested. Notice letterforms are available online atthe county attorney’s website or at the bad check program office. After mailingthe notice, the victim completes a one-page bad check submittal form, attachesthe bad check and submits it to the bad check program for collection.
Toparticipate in the program, victims must agree “not to solicit or acceptpayment from the issuer/passer of the check without authorization from theNavajo County Attorney’s Office.”
Ifthe department is successful in collecting the amount due, the money isforwarded to the victim. The County Attorney’s Office notes, “You will receiverestitution only if collection efforts are successful.”
Thedepartment notes that it will attempt to collect using “all remedies providedby law,” but if unsuccessful, the original check will be returned to the victim,who may be able to claim the loss on his or her income taxes.
Althoughthe program is designed to assist business owners who have already accepted abad check, the office offers advice on avoiding bad and fraudulent checks. Thethree main steps in avoiding bad checks are to physically examine the check,demand identification and record information on the front of the check.
Thebad check department notes that in physically examining the check, merchantsshould look at the date, the check number, the ink, the perforations, theamount and any alterations. A handbook available online at the countyattorney’s website explains the details to look for on each check, such as dullink and perforations on at least one edge of the check.
Indemanding identification, business owners should always ask for primary andsecondary identification. The primary form should be an Arizona driver’slicense, and the recipient of the check should make sure that the name andaddress on the license match the information printed on the check. Acceptablesecondary identification, according to the county attorney’s office, ismilitary identification, a credit card or other picture identification. Itnotes that a Social Security card is not an acceptable form of identification.
Informationshould be recorded on the front of the check, not the back, as the departmentnotes that bank stamps and marks can often obscure information written on theback. Include the clerk or recipient’s initials, the check writer’s driver’slicense number, home address and telephone number, as well any information obtainedfrom the secondary identification, such as a credit card number.
Thecounty attorney’s office also advises merchants to have a plan in place to dealwith bad checks before receiving one. To prepare for bad checks, merchantsshould have a check acceptance policy, a supply of forms such as notice andsubmittal letters, and a system to track bad checks.
Whena bad check is turned over to the program, the county attorney’s office beginsthe collection process and also decides whether to prosecute the check writer.In many cases, the bad check writers may be eligible for deferred prosecution,in which case they are offered an opportunity to pay the check and collectionfees in order to avoid prosecution. Eligibility for deferred prosecutiondepends on a number of factors, including the amount of the check, the“strength of the evidence of the intent to defraud the victim,” and whether thecheck writer has a criminal history or additional bad check complaints.
Formore information on the bad check program, contact the county attorney’s officeat (928) 524-4368, or visit the website at navajocountyaz.gov/attorney andclick on the “Bad Check Program” link on the left. A bad check handbook formerchants, as well as all necessary forms for submitting a bad check to theprogram are also available online.