Bogus Check Restitution Program

 

CHECKS WHICH DO QUALIFY FOR THE PROGRAM
Checks taken at time of the exchange of cash, merchandise, or services which are later returned to you and marked:
  • INSUFFICIENT FUNDS/NSF
  • ACCOUNT CLOSED
  • NO ACCOUNT/UNLOCATE ACCOUNT

CHECKS WHICH DO NOT QUALIFY FOR THE PROGRAM

  • PAYMENTS MADE ON ACCOUNT
  • UNCOLLECTED FUNDS
  • STOP PAYMENT
  • POST-DATED CHECKS
  • TWO-PARTY CHECKS
  • FORGERIES
  • SIGNATURE IRREGULAR

The District Attorney's office does not charge any citizen who receives a bogus check. There IS a charge to the check writer.

HOW TO USE THE PROGRAM

There is not a set amount of time that a merchant must extend to the customer, nor are there any regulations governing the number of collection attempts made by the merchants. Merchant/victim must however, run check(s) through your bank account within 30 days of date of check.

When a check writer does not pay, complete the REQUEST FOR ASSISTANCE FORM 
and forward with the original check or bank generated Check21 copy, to the B.C.R.P. office as soon as possible. The sooner we receive the check in our office and start the collection process, the sooner and more likely we are able to collect your money and return it to you.

Don’t allow check writer to break promise after promise in order to gain extensions. This only gives them time to change residences and makes collection procedures more difficult.

WHERE DOES CHECK WRITER PAY FOR CHECKS?

WHEN THE BOGUS CHECK IS IN YOUR POSSESSION, YOU MAY ACCEPT THE MONEY FOR THE CHECK, PLUS BANK CHARGES YOU WERE ASSESSED FOR A RETURNED CHECK AND A MERCHANT RETURN CHECK FEE. It is advisable to take only cash, a cashier’s check, or money order for the full amount due you and GIVE THE CHECK WRITER A RECEIPT STATING THE CHECK HAS BEEN PAID IN FULL, DATED AND SIGNED. If you accept partial payment and the check writer fails to pay the balance OR if you accept another check in the payment of a bogus check and it is also “hot”, you have, in the eyes of the law, extended credit to the check writer. Your only remedy would then be through civil court and you would be unable to continue through the BCRP on that particular check.

Once the bogus check is in the possession of the District Attorney, we can collect the check, the bank fee you incurred and a $25.00 Merchant Fee to compensate for any collection fee or expenses you may have been charged.

ALL PAYMENTS MUST BE MADE THROUGH THE DISTRICT ATTORNEY’S OFFICE. From time to time, the check writer will come to you with the exact amount of cash to cover a check already assigned to BCRP. When this happens, please tell the check writer that you no longer have the check and he or she must contact the DA’s office.

RESTITUTION AGREEMENT

When located, the District Attorney may allow the check writer to enter into a Restitution Agreement; we attempt to not exceed six months for repayment of the check, merchant fees and state fees.

Under this plan, the District Attorney may prosecute a check writer who fails to comply with his or her restitution agreement just as if no restitution has been made.

HELPFUL SUGGESTIONS

ASK FOR IDENTIFICATION !!!!
A Driver’s License is a good form of identification. Make sure the name on the License is the same as the name on the check. Look at the picture. Is it the same person? You must be able to identify the check writer in case of prosecution.

INITIAL THE CHECK
We must know which employee took the check.

LIST THE FOLLOWING INFO ON THE CHECK:
**Driver’s License Number & State
**Place of employment (at least phone number)
**Physical Description (height, weight, hair & eye color)
**Date of Birth

Law enforcement officers will not serve a warrant if they can not be sure that they have the correct person, please remember there are a lot of John Smith's in the world, identifiers only help you as well as law enforcement.

YOU ARE NOT REQUIRED TO ACCEPT A CHECK

Checks which you think may be bogus can be verified by calling the bank on which it is drawn to determine if there are indeed sufficient funds.

These procedures take a little extra time, but make a big difference in our ability to serve you.

The Bogus Check Division of the District Attorneys office is here to serve you, the merchant/victim. By working together we can cut down on the number of Bogus Checks, collect the ones that you do get and make your business more profitable.

You may mail us your checks or drop them off at one of our 5 offices: 

Bogus Check & Restitution
213 West Delaware Room 206A
Tahlequah, OK 74464
918-456-6649 Fax 918-456-6534
1-888-234-8883

Adair County
220 W. Division
Stilwell, OK 74960
918-696-7150

Cherokee County
213 W. Delaware
Tahlequah, OK 74464
918-456-6173

Sequoyah County
120 E. Chickasaw, Ste 204
Sallisaw, OK 74955
918-775-9131

Wagoner County
307 E Cherokee
Wagoner, OK 74467
918-485-2119

BCRP Cordinators-Lanette Garner and Cheryl Webb

Restitution- Rhonda Thornburg

BOGUS CHECK WRITERS:Click here to pay by Western Union.  You may pay by Cash, Credit or Debit Card

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