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Stop Bad
Checks
Help us stamp out bad checks
by reporting them.
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Help Us Stop Bad Checks
Writing bad checks is a crime. Help us
stop it by reporting bad checks. We will go to work to
recover your money. The person who wrote the bad
check(s) will have to pay a fine to the District Attorney's
Office and a victim's fee as well as make good the amount of
the check(s). The fees are substantial ($94 per bad
check) in addition to the fees businesses and individuals
who receive bad checks may charge (up to $28 per check).
These penalties usually convince people not to write bad
checks in the future.
Checks We Can and Can't Help
Recover
Under Alabama law, we can only recover certain checks.
We cannot help recover checks that were written for a lease
or loan payment, or for a cash advance where a contract of
any kind was signed. Such checks may be collected by
filing a claim in small claims court. You may wish to
consult your attorney.
We also cannot help recover checks that are
stamped by the bank with STOP PAYMENT, IRREGULAR SIGNATURE,
FROZEN ACCOUNT, FROZEN FUNDS, or FORGED. Checks that
are stamped with IRREGULAR SIGNATURE or FORGED should be
reported as forgeries to your local police department, the
Mobile City Police Department or Mobile County Sheriff's
Department.
We CAN help recover bad checks that
meet these criteria:
- Recovery initiated by payee within one year of the
check date;
- Transaction took place in Mobile County;
- No payments made on the check;
- Check processed by the bank and stamped with one of
the following reasons for its return unpaid: NSF, REFER
TO MAKER, ENDORSEMENT CANCELLED, ACCOUNT CLOSED or NO
ACCOUNT FOUND.
How to Start the Recovery Process:
If the check is stamped NSF, REFER TO MAKER or ENDORSEMENT
CANCELLED:
1.
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Use the U.S. Mail to send a certified notice
(see below) with return receipt requested to the
check writer. This notice must be sent to the
address on the check and must give the check writer
10 business days from the receipt of notice to make
the check good. If the check is from a
business, the notice must be sent to the person who
signed the check. A fillable pdf form can be
used by
clicking
here.
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2.
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Save the green card that will be returned to you
by the post office after the notice has been
delivered. You must give the check writer 10
business days from the day the notice was delivered
to pay the check and the service fee to you.
Do not accept less than the full amount requested
in the notice because once partial payment is
accepted it becomes a civil matter and cannot be
criminally prosecuted.
If the notice is returned to you "Refused" or
"Undeliverable", do not open it and, do not throw
it away. Follow steps 3 - 5.
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3.
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Fill out the Worthless
Check Information Sheet with as much
information about the check writer as you can
provide. It can be printed or you can request
a copy by calling us at 574-5775. After
printing and completing the sheet, attach the check
to the top left hand corner and the green card from
the post office to the back.
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4.
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Mail the completed form to us at P.O. Box 1605,
Mobile, 36633, or drop it off at our office on the
fifth floor of Government Plaza. If you would
like to review the form with us or get any other
assistance, we will be glad to talk with you by
phone or to set up an appointment at our
office. Our phone number is 574-5775.
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5.
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Do not accept payment from the check writer once
the check has been filed with our office.
Payments must be made to the Check Enforcement Unit
only. Under Alabama law, you must pay a
$30.00 fee if you or someone from your business
takes a payment on a check that is filed with our
office.
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If the check is stamped ACCOUNT CLOSED or NO
ACCOUNT FOUND, a certified mail notice is not
required. Follow steps 3 - 5 only.
After You Take These Steps, We Will Do The
Rest.
We operate with the full authority of the Mobile County
District Attorney's Office and the laws of the State of
Alabama. If, after 6 weeks, you have not received a
check from our office, please call to determine the status
of the recovery effort on the check(s) you reported. Also,
if you would like a monthly print out concerning the status
of your check(s), we can mail, e-mail, or fax this
information upon your request.
How We Treat Bad Check Writers
We are firm and polite in our enforcement of checking
laws. Our Check Enforcement team members can help bad
check writers who cooperate by arranging payment
plans. They can also refer for counseling those
individuals who need to learn how to be more responsible in
their use of checks. In addition to working with
people who cooperate, our Check Enforcement Team is also
experienced in skip tracing, arresting, and prosecuting
those who choose not to cooperate.
Helpful Hints That Can Speed Bad Check
Recovery
- Obtain as much information as possible about check
writers, especially a complete address.
- Write the driver's license number of the check writer
on the check.
- Write the phone number of the check writer on the
check.
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