After checks are submitted to us, they all go through the same general procedures.
We will attempt to verify or find a positive ID on the check-writer.
The check will be entered into our tracking system.
We will make contact with the accused by sending a postcard demanding payment to whatever addresses we can find.
The accused will be given 2 weeks from the date the postcard is sent to make restitution before a warrant is issued. We require 100% of the full face value of the check plus a $30 fee per check for the victim, plus our fees.
When the check remains unpaid, we will begin to prepare a Theft by Check or Issuance of a Bad Check case, and also issue a warrant for the accused’s arrest. Warrants remain outstanding until the check-writer pays restitution and fees in full, or is arrested.
Warrants are issued by Justices of the Peace, and are forwarded to Constables or the Sheriff for execution.
After a case is filed in court, we will ask restitution and fees to be paid as a condition of any plea bargain agreement, or if the court agrees, as a condition of probation if it is granted to the offender in court.
Check-writers can make payments on restitution to us at any time during this process. However, we may not dismiss a case solely because the restitution is paid or the victim wants to. Our cases proceed as any other criminal case would after they are filed.
When we collect restitution in full on a check, plus the $30 fee for the victim, a check will be cut to the victim at the end of the month.
Feel free to contact our office with further questions.