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COUNTY ATTORNEY |
Worthless check policy & Information |
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Policy | Process | Prosecution Tips | Worthless Check Policy (printable) |
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Have your employees check a picture I.D. on every check (even where the I.D. information is preprinted). It only takes a few seconds and could even prevent a forgery! Reassure the check writer you are checking their I.D. for their protection against forgery/theft. When I.D. information is preprinted on the check confirm it with the I.D. the check writer presents, and write "PM" (picture match) on the check if the information is correct. This is imperative as when we go to trial your employees will have to testify that they did in fact accept the check from the check writer. This enables them to know for sure they cross-checked I.D. and can truthfully state to the Court they did accept the check. If no I.D. information is printed on the check, have your employees, not the check writer, write the check writers social security number or driver license number and date of birth on the check. Have the employee copy this information from the I.D., not simply writing down information given by the check writer. Also confirm by the person's I.D. and have the employee write on the check itself "w/f" (white female), "w/m," "b/m," etc. to identify the race and sex of the check writer. Have all employee initial the checks they accept - they will be needed as witnesses if the case goes to trial and you must be able to identify the employee who accepted the check on the affidavit completed in the Attorney's Office. Establish a store policy of not accepting checks without a photo I.D.
PREVENT FORGERIES: Do not accept the check from anyone other than the person named on the check. Confirm their identity by the photo I.D. It is common for forgers to use someone else's checks to make purchases. This often goes un-noticed by merchants. Sometimes, the forger will claim that he/she is making the purchase on behalf of the check owner. The safe practice is to not accept these types of checks - even where it is a man claiming to pass his wife's check, etc. Keep a list of problem check writers posted and easily accessible to your employees and do not accept checks from them. If our office receives bad checks from repeat offenders, we will decline to prosecute the checks. Finally, keep in your files, a copy of the notice letter that you sent to the check writer. Keep a record of telephone calls made to the check writer to give them verbal notice of the check too. |