Collect on bad checks
The ongoing problem of bad checks costs local businesses
and merchants valuable time and money every year. In spite of taking all
the proper precautions, it is highly probable that a merchant or business
occasionally will receive returned checks from its bank, usually due to
non-sufficient funds or because the account has been closed.
When
this happens, the merchant should contact the check writer immediately
to request payment for the bad check, extending a five-day grace period
to take care of the matter. If the check writer does not comply, the merchant
can then report the check to the local county prosecuting attorney’s
office or municipal court for assistance.
Thirteen Michigan counties now participate together in a bad check restitution
program: Bay, Branch, Genesee, Huron, Ingham, Ionia, Isabella, Kent, Livingston,
Macomb, Monroe, Oakland and Saginaw. The prosecuting attorney’s
offices in Wayne and Washtenaw Counties offer similar programs.
All assistance is provided at no cost to the merchant, and filing a check
with the program is easy. The primary goal of the program is to obtain
restitution; a secondary goal is to hold check writers more accountable
for their actions without creating an added burden to the criminal justice
system.
Check writers reported to the program must pay restitution and attend
an eight-hour intervention class. Restitution is then returned in full
to the merchant, along with $25 in statutory fines. If the check writer
fails to cooperate, the case may be forwarded for criminal prosecution
with penalties ranging from court fines to possible jail time, in addition
to paying restitution.
For further information on the Bad Check Restitution Program in the 13
counties listed above, merchants can call Diane Sloan at 877.592.2704
or Jennifer Wojcik at 877.592.2703. In other counties, contact the prosecuting
attorney’s office.
If your county has no bad check restitution program, ask the prosecuting
attorney’s office for one.
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