A Message from J. Charles Smith III, State’s Attorney
As your State’s Attorney, I am always concerned about the negative impact of bad checks passed to local businesses. Millions of dollars are lost every year by merchants as a result of this ongoing problem. Bad checks affect everyone in terms of higher consumer costs that must be passed on to offset losses, and increased taxes to cover the additional costs for law enforcement and prosecution.
In an effort to combat this problem, I have organized the Bad Check Restitution Program to assist local merchants with bad check losses. The primary goal of the program is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system.
First-time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory intervention class, in addition to paying restitution. All of this is accomplished without any cost to the taxpayers.
Your interest and participation in this special program will benefit all law-abiding citizens and help your business improve its bottom line!
Filing a Report: Step by Step
- Make personal contact with the check writer; if you are unsuccessful, send a courtesy notice via U.S. Certified Mail including return receipt. The check writer has 10 days to respond and remit payment. Sample Courtesy Notice
- If you do not hear from the check writer or receive payment, click on “form download” for a printable bad check crime report form.
- Fill out the crime report form, attach originals or legal copies (you retain photocopies) of all checks, and notification documents, such as return receipts and bank notices and mail to:
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)If you do not receive restitution within 90 days, contact the Frederick County State’s Attorney Bad Check Restitution Program at 1-(888) 892-1380.
Why it Works
The Program works because…
- Bad check reports are easy to file and follow-up action is prompt.
- Upon recovery, 100% of the face value of the check is returned to the victim.
- There is no minimum dollar restriction.
- Bad check offenders must complete an educational class at their own expense.
- The program operates at no cost to the county or the taxpayers.
How to determine a check’s eligibility for the Program
A Check is Eligible if…
- The amount is no more than $5,000 (or multiple checks not exceeding this limit). There are no minimum dollar restrictions.
- It was received in Frederick County, deposited in a bank in exchange for goods or services and was presumed “good” at the time of acceptance.
- A “Courtesy Notice” is sent to the check writer via U.S. Certified Mail including return receipt, allowing 10 days to make check good.
- A photo I.D. number (driver’s license, military I.D., or state identification card) was written on check at the time of transaction.
- Provide name of person willing to testify in court that he/she can identify the check writer.
A check is Ineligible if…
- Check(s) written over 120 days ago.
- It is pre- or post-dated.
- Both parties knew there were insufficient funds at the time of transaction.
- It is a two-party, rent, stop payment, traveler’s, credit card, or payroll check.
- The identity of the check writer is unknown.
- There is no amount, date or signature on the check.
- The check has not been processed by a bank.
- The numeric and written amounts on the check do not match.
- The check involves an “extension of credit” or was payment on an account.
- Victim agreed to hold or check was partially paid.
Check(s) ineligible for the Frederick County State’s Attorney Bad Check Restitution Program may be pursued through Small Claims Court or by a private collection agency.
Check Acceptance Tips
The best way to reduce your losses is to avoid taking bad checks from the start. The following tips are suggestions to help you establish good procedures for accepting checks.
Institute a check acceptance policy.
A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses. Policies should state which types of checks can and cannot be accepted and include the consequences to bad check writers.
Confirm the identity of the check writer.
All I.D. can be forged. The most reliable form of I.D. is that which contains a photo and a physical description. Take the I.D. in hand and write the I.D. number, birth date, address and other descriptive data on the front of the check. Ask questions. If the I.D. does not belong to the person writing the check, they may be thrown off guard.
Whenever possible avoid accepting checks written on a new account.
Approximately 85% of all bad checks are written on accounts only a few months old and bear check numbers between 101 and 150. Use caution. Do not accept counter drafts.
The signature should be legible and signed in the presence of the individual accepting the check.
Do NOT accept previously signed checks. For a company check, it is vital that the signature is legible. If not, print the individual’s name on the front of the check.
The complete address should be imprinted on the check.
Require a street address, in addition to a P.O. Box number. Obtain a phone number as well.
Accept checks only written with today’s date.
Pre- or post-dated checks are not accepted in the Bad Check Restitution Program and cannot typically be criminally prosecuted. This restricts any recourse you may have against the check writer if your own collection attempts fail.
Make sure written amounts and numbers correspond.
Banks will not honor checks with discrepancies between written amounts and numbers.
Avoid accepting checks drawn on an out-of-state bank.
REMEMBER, you are not required to accept a check from anyone. If you feel uncomfortable or suspicious, trust your intuition! Ask for another form of payment.
Form Download Options
(Online crime report: download form, print out blank form and fill in by hand, mail in with all original documents to address listed below.
Please retain copies of all documents for your records!
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)
Victim Hotline: 1-(888) 892-1380
Program Contact Information
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)
Victim Hotline: 1-(888) 892-1380
This Program is administered by Victim Services, Inc., a private entity under contract with the State’s Attorney’s Office.