Description of Program
The Montgomery County District Attorney's Worthless Check Unit was formed in 1985 to collect restitution for victims of worthless checks. The unit assists businesses and individuals who receive insufficient funds and account closed checks. The Worthless Check Unit is a self-funded service of the District Attorney's Office. There is no charge to victims to use our service. When the bad check writer fails to pay through our office, we assist with the prosecution.
If you are a victim of a worthless check, and you want the assistance of the District Attorney's Office, certain guidelines must be followed for a warrant to be issued. (Please feel free to download "Guidelines for Obtaining a Warrant")
When an insufficient fund check is received, you must first send the check writer a notice by certified mail, return receipt requested and allow ten days from receipt of letter for payment. A sample letter "Notice to the Maker" is available from our office or can be downloaded here. Where the check was written from an account closed, notice may be sent, but it is not required.
The certified notice letter must be sent to the person who signed the check. It is necessary to use the address exactly like it is on the check.
Suggestions & Tips
You can help STOP bad checks by following the suggestions below:
*** Obtain the person's name, address, home and work phone numbers, and some form of positive identification (such as a driver's license).
*** Record all of this information on the check (or the number of a check cashing identification card that has been issued to the person).
*** Witness the signature of the person presenting the check.
*** Print your name on the check.
Frequently Asked Questions
"WHO IS ELIGIBLE TO USE THIS SERVICE?"
Any person who has received a worthless check while transacting business in Montgomery County is eligible.
"WHAT IS THE COST OF THIS SERVICE?"
There is no cost to victim.
"WILL THE WORTHLESS CHECK UNIT ACCEPT ALL CHECKS RETURNED BY THE BANK?"
The Worthless Check Unit will only accept checks that have been stamped "insufficient funds" or "account closed."
"CAN A WARRANT BE ISSUED ON CHECKS WHERE I HAVE RECEIVED PARTIAL PAYMENT?"
Once you accept partial payment, the law prevents criminal prosecution. In addition, you will have to pay a $30 warrant withdrawal fee.
"HOW LONG WILL IT TAKE FOR ME TO RECEIVE RESTITUTION AFTER THE WORTHLESS CHECK WRITER PAYS?"
When the worthless check writer pays, your money will be sent to you by the tenth day of the following month.
"HOW CAN I FIND OUT ABOUT THE STATUS OF THE WORTHLESS CHECK?"
If you have not heard anything after six weeks, call the Worthless Check Unit at (334) 832-1630
"WHAT HAPPENS IF THE WORTHLESS CHECK WRITER FAILS TO PAY RESTITUTION?"
If the worthless check writer does not respond to the Worthless Check Unit, the warrant will be served, and the worthless check writer will be arrested. You as well as the employee who accepted the check may be required to appear in court. If so, you will receive notice by subpoena.
"WHEN SHOULD I EXPECT RESTITUTION PAYMENT IF THE WORTHLESS CHECK WRITER IS ARRESTED?"
At this point, all restitution will be collected and dispersed through the District Clerk's Office. You will need to call (334) 832-1345 to determine the status of restitution.