The Shasta County District Attorney has instituted the Bad Check Enforcement Program to track down bad check writers, to obtain full restitution for the victims, and to deter future offenses. The Bad Check Enforcement Program is authorized by California Penal Code Section 1001.60.
It is FREE to victims in Shasta County.
Through the program, bad check writers are offered a diversion program and avoid prosecution but they must agree to the following requirements:
- To pay back the value of the checks and related bank fees.
- To pay an administration fee ($50.00) for each bad check they have written.
- To pay a one-time diversion fee ($50.00) for a money management class.
- To attend and complete the money management class.
Criminal prosecution may be pursued at the discretion of the District Attorney against bad check writers who do not agree to the requirements of the diversion program or who fail to live up to the payment agreement they have made with the unit. Merchants and other private citizens who are notified by their bank that a check has not cleared should do the following to participate in the Bad Check Enforcement Program:
Frequently Asked Questions
How to Participate in the Bad Check Enforcement Program
Answer:
- Follow the Suggested Shasta County Check Policy when accepting checks at your business.
- Contact the check writer to see if you can make payment arrangements yourself.
- If the check writer is uncooperative or cannot be reached, complete the NSF Check Report for each bad check and send the forms and NSF checks to the District Attorney's office.
- We will make contact with the check writer to make payment arrangements. Once the check has been forwarded to the District Attorney, you may not accept money or make payment arrangements with the bad check writer. Have them call the Bad Check unit.
- As payments are received, the money will be applied to the fees and restitution amounts and a check will be sent to the merchant as payments are received until all amounts are paid in full.
- After the check writer has made full restitution, they are required to attend a Money Management class at which the District Attorney's office reviews skills such as maintaining a check register, balancing their check book each month, creating a budget, and assessing their personal ethics which led to their criminal behavior. This class is designed to assist the check writer in avoiding getting in the same situation in the future.
What kind of checks can I send to the Bad Check unit?
Answer: Any check that you receive for goods or services, that has been written and passed within Shasta County, and that has been returned to you by the bank because it is NSF or from a closed account is eligible for submission to the Bad Check unit. The unit is unable to collect on the following types of checks:
- Two party checks.
- Government checks and warrants.
- Payroll checks (payroll check problems should be brought to the attention of the California Division of Labor Standards Enforcement. You can reach them through their website or contact the Redding office at 225-2655).
- Checks over one year old from the date the check was passed. The older the check, the slimmer the chances that restitution will be made.
The check writer told me that someone must have stolen their check book and forged their name. Can you still collect on those checks?
Answer: No. Forged checks, fictitious checks, and other forged documents should be reported to the law enforcement agency for your jurisdiction. Inform the check writer that you will be contacting law enforcement about a forged check based on their statements.
Will the Bad Check Enforcement Program get all my money back for me?
Answer: Yes. Unlike a collection agency, we collect the check amount and bank charges and forward that entire amount to you. The check writer is also assessed fines and penalties which fund the District Attorney's cost of running the program. The entire cost of the program is borne by the check writer.
Will the Bad Check Enforcement Program collect a "Stop Payment" check?
Answer: Yes. We will request bank records to determine if this is a criminal or civil matter. If there were insufficient funds to cover the check at the time the "stop payment" was issued, this is a criminal matter and we will be able to collect on the check. If there were sufficient funds to cover the check, it will be returned to you to pursue as a civil matter.
How do I apply to use the Bad Check Enforcement Program?
Answer: Contact the program by telephone, email or by mail. You may also download the Shasta County District Attorney's Office NSF Check Report and submit this report with the original check/s by mail to the Bad Check Unit. Mail this form and check/s to Shasta County District Attorney Bad Check Unit at the below listed address. Click this link to download the NSF Check Report in Adobe Acrobat format: NSF Check Report. The Supplemental Check Report Form is available for multiple checks from the same check writer.
The necessary forms are available for download by clicking the links above or these links: