STEP 1. The Demand Letter
Make an effort to contact the bad check issuer. A Demand Letter sent to the bad check writer is one way to do this. This letter may be sent by first class or certified mail. It can also be hand-delivered directly to the bad check writer. If mailed, you must wait 21 days after mailing before submitting the check to the Bad Check Program. If the Demand Letter is hand-delivered, you must wait 16 days before submitting the check.
A sample Demand Letter is provided with this handbook. Use it to make copies for future use.
Instead of writing or typing out the check description (the area in the middle) you may wish to place the check within the lines, face up, and staple it to the Demand Letter. You may then photocopy the letter with the check attached. Remove the check. Mail only the photocopy to the bad check writer.
When you are trying to collect the check yourself do the following: Accept only cash, money order or cashier’s check. Be certain to collect reasonable costs such as bank fees and mailing charges. Return the check to the individual after you have received full payment.
STEP 2. The Check Transmittal Form
If your collection efforts have failed, submit the check to the Bad Check Program. Use a separate Check Transmittal Form for each check. Please provide as much information on the form as possible. Sign and date the form. The accuracy and completeness of this form determines whether or not we can prosecute, if necessary.
Be sure to include documentation of any additional fees (bank and certified mailing charges only) along with each form.
**For electronically transmitted checks, you must submit the bank issued Substitute Check and bank documentation showing the reason the check was dishonored.
A Check Transmittal Form is provided with this handbook. Use it to make copies for future use.
- Once you send a bad check to The Bad Check Program, do not accept payment for the check from anyone except the Yavapai County Attorney’s Office. All monies must be collected through The Bad Check Program. If you do accept payment from anyone other than the County Attorney’s Office, immediately contact the Bad Check Program Office.
- Please wait at least 60 days before requesting the status of a case. Case status is provided to victims upon request.
- When the bad check writer makes restitution, you will receive a check from the Bad Check Program. The check will include the bad check writer’s name, check number and the amount of restitution.
- If the bad check writer does not make restitution, the case will be reviewed for criminal misdemeanor charges by the Yavapai County Attorney’s Office.
- Be sure to include documentation of any additional fees (bank and certified mailing charges only) along with each form.
- **For electronically transmitted checks, you must submit the bank issued substitute check and bank documentation showing the reason the check was dishonored.
- A Check Transmittal Form is provided with this handbook. Use it to make copies for future use.
NOTE: Make sure the check writer does not write their ID numbers on the check. Ask for the ID and write it yourself. This prevents a false number from being provided. Be sure to initial the entry.
If you have any doubts, don’t accept the check. You are not required by law to accept checks.