|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The 1997 session of the North Carolina General Assembly authorized a Bad Check Program in Bladen, Brunswick, and Columbus Counties. The purpose of this legislation is to collect worthless checks in a more timely manner, to alleviate the need to prosecute each worthless check case, and to provide an opportunity for the bad check passer to avoid criminal prosecution. A bad check passer who has not paid the merchant is given the opportunity to participate in this program by the District Attorneys Office by paying in full the reimbursement to the merchant and a fee of sixty dollars ($60.00). The fee is collected by the Clerks Office and remitted directly to the merchant by mail. The items to bring are: The original receipt, original check, a copy of the letter, and a notorized affidavit.
|
|
After
the Merchant has notified the bad check passer, as required by
law (an example of a letter is located at the end of this page)
and gets no response after the fifteen day grace period, he will
then bring the check(s) and certified letter postal receipt(s)
to the Bad Check Program Coordinator in the DAs Office.
The Program Coordinator will then send a letter to the
bad check passer and give him/her 30 days to respond with payment
in full which will include the $60.00 fee, the check amount and
any costs allowed by law that is incurred by the Merchant.
If
the bad check passer responds, he/she will go to the Clerks Office
where he/she will bring or mail the copy of the payment form (last
page of the letter mailed by the Bad Check Program Coordinator)
and cash or money order for payment in full by the due date. Partial payments are not
accepted and no payment will be accepted without the payment form
from the Bad Check Program Coordinator.
Upon
payment, the Clerk of Courts Office will mail a check to the Merchant.
If
no response is received from the bad check passer, the Program
Coordinator will issue worthless check charges against the passer to appear in court.
If
the case goes to court, the Merchant is generally put on standby
and does not go to court unless called or subpeoned.
Merchant
to provide the following:
1. Payee/Merchant Name
2. Payee/Merchant Address
2. Payee/Merchant Phone Number
2. Contact Name
3. Payee/Merchant Fed. ID # or SS#
Merchant is to submit checks and postal receipts to the Bad Check Program weekly.
|
|
Date:
Name, Address, City, and State
Dear Check Dodger:
My company received a check from you which the bank has returned insufficient funds or closed account. It is check number _______, dated _______________.
I hereby demand payment in full for the check amount of $ ___________, plus $25.00 for the return check charge within 15 days of the date of this letter. If not, this matter will be turned over to the District Attorneys Office for further action.
I hope to receive this money immediately.