This web site describes our Check Restitution Recovery Program. Thanks to the program's dedicated staff and the cooperation of the business community in Santa Cruz County, we have all benefited. Victims have received payment for bad checks and police and prosecutors have been able to spend time on other crimes. Because bad check writers pay for the cost of the program, it is carried out at no cost to the County.
Check Restitution and Recovery Program
Check Restitution and Recovery Program
The Check Restitution Recovery Program was created in September of 1991 to help victims in the recovery of losses they incurred because of bad check writers, and to help the bad check writers become more responsible citizens. The program is designed to return money to the business community, reduce the need to use critical law enforcement resources, educate bad check writers to be more responsible in their finances, and to help divert bad check writers from the criminal justice system. The program also prepares appropriate cases for prosecution.
The program seeks full restitution including bank charges assessed the victim. The District Attorney's Office may prosecute those who do not comply with the program's requirements.
Program Guidelines
The program seeks full restitution including bank charges assessed the victim. The District Attorney's Office may prosecute those who do not comply with the program's requirements.
Program Guidelines
Victims of non sufficient fund and closed account checks may file a complaint with the Check Restitution Recovery Program to obtain recovery of the funds. If it is determined that the check is forged, it will be reported to the appropriate law enforcement agency.
Eligibility Criteria
Eligibility Criteria
There are certain guidelines that must be met for us to help recover bad check funds:
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The check must have been written and passed in Santa Cruz County within 60 days of referring it to the Check Restitution Recovery Program. Each case will be reviewed on a case-by-case basis.
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The check must have been written to pay for retail goods and/or services.
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The recipient of the check(s) must submit the check(s) to the bank twice prior to filing the complaint. "Account Closed" and "Unable To Locate" checks need not be submitted twice.
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An attempt to recover on the check(s) must be documented and the check writer must be given a reasonable time in which to make good on the check before a complaint is filed with the Check Restitution Recovery Program.
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A California Driver's license or a California Identification Card must have been presented during the transaction and the photo must have been compared with the passer.
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The acceptor must initial or make an identifying mark on each check at the time it is presented in order to verify the maker's signature and the maker's phone number must be recorded on the face of the check.
Those checks that the Check Restitution and Recovery Program cannot process include:
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Post or Pre dated checks, or where there was an agreement to hold the check(s).
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Two-party, government or payroll checks.
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Stop payment checks where there was a performance dispute or where there were sufficient funds at the time of the check transaction.
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Checks drawn on Out-of-state banks (e.g. credit card checks) or checks accepted outside the County of Santa Cruz.
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Checks on which partial payment has been accepted.
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Checks accepted for housing rental agreements.
These checks may be processed through Small Claims Court, private collection or civil suit.
A claim form may be obtained from the Check Restitution Recovery Program
Once your complaint has been filed, all payments must be recovered by the Check Restitution Recovery Program. If the check writer contacts you to make a payment, please refer him or her to the Program for payment.
If the check writer makes full payment to the Check Restitution Recovery Program, you will receive a restitution check by mail. If the writer is placed on a repayment plan, you will receive your restitution check when full repayment is made.
Bad check writers who do not respond to requests of the Check Restitution Recovery Program may be prosecuted. You will receive notice of the prosecution when the bad check writer is arraigned in court.
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701 Ocean Street, Room 200
Santa Cruz, CA 95060
(831) 454-2233
