BOGUS CHECKS

BOGUS CHECKS

Each year the Oklahoma County business community loses millions of dollars because of people who write bogus checks. To assist retailers with obtaining restitution for false and/or bogus checks, the Bogus Check Restitution Program was established in 1983 (O.S. § 111 et. seq.). The program is free for merchants and provides an opportunity for the DA’s Office to enter into a restitution agreement with the check writer and defer prosecution. However, if a check writer fails to comply with the agreement, criminal charge(s) may be filed.

PROGRAM GUIDELINES

A merchant may use this program as soon as a check is returned unpaid. 

When a check writer does not pay, download the Merchant Packet; sign and fill out the forms completely, include a copy of the bank rejected check, and mail the packet to the District Attorney’s Bogus Check and Restitution office at the address above within 120 days of the transaction.

Do not give the check writer any extensions. This only allows the bad check writer to change residences and makes collection procedures more difficult.

​There is NO CHARGE to you or any citizen who receives a bogus check. There IS a charge to the check writer.

Where does the check write make payment?

Once the bogus check is in the possession of the District Attorney, ALL PAYMENTS MUST BE MADE THROUGH THE DISTRICT ATTORNEY'S OFFICE. If you should encounter the check writer, direct him or her to contact the District Attorney's Bogus Check and Restitution office by calling (405) 713-1698.

RESTITUTION AGREEMENT

If the check writer is unable to make full payment at that time they are contacted by the District Attorney's Office, the DA may allow the check writer to enter into a Restitution Agreement payable over time (but no longer than three [3] years). If a restitution agreement is in place, the merchant will receive what is due them first, then any state fees or court costs will be paid last. Under this plan, the District Attorney may prosecute a check writer who fails to comply with his or her restitution agreement.

Helpful Information for Businesses

1. ASK FOR IDENTIFICATION

A Driver's License is a good form of identification. Make sure the name on the Driver's 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.

2. INITIAL THE CHECK

We must know which employee took the check.

 3. LIST THE FOLLOWING INFO ON THE CHECK:

• Driver's License Number and State of Issuance
• Date of Birth
• Physical Description (height, weight, hair and eye color)
• Place of employment (or phone number)

These procedures take a little extra time, but will make a big difference in our ability to serve you. Businesses that do not ask for proper identification are likely to find themselves to be a favorite target of bogus check writers. Previously, checks with numbers below 300 were the majority of bad checks. However, a person can start their check numbers anywhere they want now. With this in mind some banks will print on the check the month and year that the account was opened. Be wary of new accounts.

FAQs

Is it a crime to bounce a check?

In many cases a check returned from the bank because of insufficient funds, a closed account or a non-existent account may be prosecutable and punishable by law under Oklahoma Statutes Title 21, Sections 1541.1 – 1541.4.

Is the business or individual to whom the check was written required to notify you if the check gets returned before proceeding with criminal action?  

No. Only your financial institution is required by law to attempt to notify you of a returned check.

​Must my returned check be presented to my bank twice before criminal action can be taken?

No. Legal action can be taken as soon as 5 days have passed from the date on the returned check.

​What can happen to me if I write a check that does not clear the bank?

Depending upon the circumstances in which your check was written, there are many possibilities as to how an individual or business could handle a returned check.

​Some of the possibilities might include the victim may choose to contact you and give you the opportunity to pay the check, the victim may choose a civil remedy and file the check in small claims court a private attorney or a collection agency which may result in judgment against you or the victim may choose to proceed criminally and refer it to the District Attorney’s Office for collection and/or prosecution in which substantial fees are assessed and prosecution may be pursued. In almost every case, fees will be assessed costing you much more than the face value of the check.

I did not realize there were not sufficient funds in my account. Can I still be penalized if my check is returned?

Yes. You are responsible for your account and ensuring that adequate funds are available for every check you write. The law assumes there is “knowledge and intent to defraud” if a check is returned from the bank because of insufficient funds, a closed account or a non-existent account is not paid within 5 days.

​Can a business refuse to take my check?

Yes. Checks are not legal tender; therefore, the acceptance of a check is left to the discretion of each business.

​When passing a check, do I have to provide the information required by some businesses?

No. You do not have to provide any information if you do not wish to give it. However, a business can also refuse your check based on its acceptance policies.

​I have a practice of "floating" checks a few days before payday. How many days does it take a check to clear the bank?

“Floating” checks is not legal. Checks should only be written if adequate funds are immediately available in your account to cover each check written. With networking of many computer systems, some checks may actually clear the bank the same day they are written.