Worthless Check Unit
Overview
Criteria for filing a worthless check complaint
Steps for filing a worthless check complaint
Hints to help avoid worthless and fraudulent checks
Statutory Notice
Intake Document
Frequently Asked Questions
The Tuscaloosa County District Attorney's Worthless Check Unit (WCU) was established in January of 1985. Prior to that time, victims of worthless checks were required to go through a long and inefficient process in order to prosecute an individual who'd presented them with a worthless check. The passage of a statute by the Alabama Legislature allowed District Attorneys to establish a unit specializing in the prosecution of worthless check offenses and the collection of restitution in those cases. This served to streamline the process and shortened the time it takes victims to recover their losses.
Since the establishment of the Worthless Check Unit in Tuscaloosa County, the office has returned over $10,000,000 in restitution and fees to merchants and other victims of worthless checks in Tuscaloosa County . In 2002, over 5000 cases were processed by the WCU and approximately 65% of those cases were cleared through the payment of restitution directly to the Worthless Check Unit. The remaining cases were referred to the Tuscaloosa County Sheriff's Department for service of the associated warrants and subsequent prosecution of the check writers on the charge(s). Last year, hundreds of individuals were prosecuted in Tuscaloosa County District Court on charges of Negotiating a Worthless Negotiable Instrument. Upon conviction, those defendants are usually ordered to make restitution through the Court.
Criteria for Filing a Complaint with the Worthless Check Unit
In order for the Worthless Check Unit to accept a worthless check for prosecution, the following criteria MUST be met:
- The transaction in which the worthless check was presented must have taken place in TUSCALOOSA COUNTY , ALABAMA . A worthless check mailed from another locale (including another state) may be referred to the WCU if it was mailed or delivered to Tuscaloosa County .
- All worthless checks MUST be referred to the Worthless Check Unit no later than ONE YEAR from the date the check is dated and/or was presented.
- In order to file a complaint with the Worthless Check Unit, the check(s) in question should be stamped either " INSUFFICIENT FUNDS" (NSF) or "CLOSED ACCOUNT" (also "NO ACCOUNT FOUND").
- The check must be written for a thing of value.
- If a partial payment has been accepted by the victim, the Worthless Check
Unit CANNOT accept the check in question for prosecution.
Steps for Filing a Worthless Check Complaint
In order to file a worthless check complaint with the Worthless Check Unit, the following steps must be taken:
- If the worthless check is stamped INSUFFICIENT FUNDS *, Alabama Law requires you to send a Statutory Notice to the person who signed the check. The letter must be mailed to the address printed on the check or the address given at the time of issuance . THE LETTER MUST BE SENT VIA CERTIFIED MAIL (RETURN RECEIPT REQUESTED) VIA THE UNITED STATES POSTAL SERVICE.
*If the check in question is stamped CLOSED ACCOUNT , you are NOT required to send a statutory notice, although you may do so if you wish. - You MUST give the check writer ten (10) full business days from the date they receive the letter (as indicated on the return receipt/green card) to make the check good. If the check writer has failed to clear the matter after that period, you may file a complaint with this office. Note that in the event the statutory notice is returned to you by the Post Office for any reason ("unclaimed," "attempted not known", or "moved and left no forwarding order" for example), you may immediately refer the check to the Worthless Check Unit.
- Once you are prepared to file a worthless check complaint with our office,
you will need to bring the following item(s) to the Worthless Check Unit:
A) The ORIGINAL CHECK - When you arrive at the Worthless Check Unit, you will be required to fill out
a few items of paperwork. The first of these forms is the Intake Document . You may choose to have the form(s) filled out prior to
your visit to our office.
- Once you have completed the proper paperwork, you will then be directed to the Warrant Magistrate at the Tuscaloosa County Courthouse where a misdemeanor arrest warrant will be sworn out for the check writer in question. From that point on, the Worthless Check Unit will handle the matter and no further action is required of you unless your testimony is needed in court .
B) The Certified Mail Return Receipt ("green card") OR
The undelivered Statutory Notice.*
* If you are turning over a "Closed Account" check, only the check
itself is required
***IMPORTANT***
Tips on How to Avoid Being a Victim of a Worthless or Counterfeit Check
Short of refusing to accept checks as a form of payment, there is no way to guarantee that you will not be the victim of a worthless or counterfeit check. However, there are several things you can look for to reduce the chance that you will be victimized. In an effort to assist the merchant community and the general public in achieving a better awareness of this widespread problem, the District Attorney's Worthless Check Unit suggests the following:
- When accepting a check, run your finger along all sides of the check. Most genuine checks have at least one side with perforations (some have as many as three sides perforated). A bogus check is usually smooth on all sides. The only genuine checks which are smooth on all sides are U.S. Government checks and some state checks.
- Note the print quality of the check. Bogus checks frequently are printed on home computers and the print quality rarely meets the standard of genuine checks. Also note whether or not the color of the check is permanent. A check that smudges will likely be counterfeit.
- Always note the presence (or absence) of the standard security features on a check. Features such as watermarks and micro printing are generally not present on bogus checks.
- Note the check number. Low numbers indicate that the account is relatively new and may be more suspect than a long established account. Also be wary of counter checks since there is no quick way to verify that the account holder name that is handwritten on the check corresponds to the actual account holder.
- Check the date of the check to insure that it is accurate. Do not accept a post- dated check (for example, the check is presented on June 1 st but is actually dated for June 15 th ). Also, do not accept a check when the issuer requests that you hold it until a specified date or if he/she tells you there is not enough money in the account to cover the check. Accepting such a check will preclude you from later filing a criminal complaint with the Worthless Check Unit.
- Be wary of individuals passing an inordinate number checks in a single day or over a short period of time. It may not be unusual for a legitimate customer to visit a store more than once a day. However, we frequently handle cases where suspiciously high numbers of worthless or forged checks are passed at a single store (or various locations of the same business) in a short period of time. An example would be an individual who negotiates 6 or 7 checks in a single day at an area convenience store. Such activity should draw the attention of the cashiers and manager. Remember that most banks will verify over the phone if a checking account is A) open and B) if the account contains ample funds to cover a given check.
- Most importantly of all, you should obtain the check writer's personal ID Information. Ask to see a valid driver's license or state identification card (in Alabama , ID card numbers begin with the letter "I"). Make sure that the picture on the ID matches the person presenting the check.
A favorite trick of check forgers is to claim that the account holder is a friend or relative who has given him/her permission to negotiate the check. While this may be true in some cases, you should consider rejecting the check if you are unable to verify the individual's claim. - Record all pertinent information from the ID card or driver's license on the check.Include the driver's license or ID card number, the state of issue, date of birth, social security number (if present), race, sex, and finally expiration date. Once the information is recorded, the clerk should initial the check to indicate that he or she actually looked at an ID and verified that the person presenting the check matched the photo on the ID.
Be aware that many checks have some ID information (typically a driver's license number) printed on them already. While this is convenient, you should still ask to see a valid ID and record the information described above. - Make sure that all contact information (name, address, and phone number) on the front of the check is correct and legible. Frequently, a business check will be referred to our office where the individual's name is not printed on the check and the signature is illegible. By obtaining the full name and ID information from the person presenting the check, delays can be avoided if the check is later returned to you. Also make sure that any new address handwritten on the check by the customer is both legible and complete.
Another tactic check forgers employ is to claim to have left their driver's license or ID at home or in the car. Unless the individual is personally known to you, you should consider rejecting the check.
Frequently Asked Questions (FAQ)
Who is eligible to utilize the services of the Worthless Check Unit?
Any person or business who has received a worthless check while transacting business in Tuscaloosa County may utilize the services of the Worthless Check Unit.
Is there a cost for the service?
There is no cost to the victim for filing a complaint with the Worthless Check Unit.
Can the Worthless Check Unit accept a worthless check if I have taken a partial payment?
No. If you have accepted a partial payment but have been unable to collect the balance due, you may be able to pursue the matter in civil or small claims court. Note that acceptance of a partial (or full) payment after a complaint has been filed will require you to withdraw the complaint and satisfy a $30 service fee to the Worthless Check Unit.
I agreed to hold a check before depositing it. Can I still file a complaint?
No. By agreeing to hold a check for a period of time, you have implicitly stated your understanding and acceptance that the check was not good at the time it was presented. Such an arrangement between a check writer and merchant precludes the filling of a criminal complaint. If this is the case, you may consider having the matter adjudicated in civil/small claims court.
What happens after I file a worthless check complaint?
After a complaint has been filed with the Worthless Check Unit, we attempt to contact the check writer via mail and telephone. The check writer has two options for clearing the matter. He or she may make restitution directly to the Worthless Check Unit. Restitution consists of the face value of the check, a victim service charge, and a State of Alabama District Attorney service charge. If a check writer is unable or unwilling to pay restitution for his or her worthless check(s) to the Worthless Check Unit, that individual can opt to surrender on the warrant(s) and have the charge(s) adjudicated in District Court.
What happens to the warrant when a check writer pays restitution to the Worthless Check Unit?
If an individual remits full restitution to our office for a worthless check, the associated warrant is withdrawn, voided, and the matter concluded. The charge will not appear on the individual's permanent record and no court appearance will be required.
Does the Worthless Check Unit accept partial restitution payments from the writer of a worthless check?
No. When restitution is paid for a given check, the entire balance must be cleared at that time.
How long does the Worthless Check Unit give a check writer to pay his or her worthless check(s)?
When a complaint is filed and a warrant is issued, the check writer is given a ten (10) day grace period to remit full restitution to this office. If he or she is unable to remit the full balance by the end of that time, he or she MUST contact our office to discuss a restitution agreement.
What is a Restitution Agreement?
A Restitution Agreement is an agreement between the Worthless Check Unit and the check writer allowing additional time to pay restitution for his or her cases. While we do not accept partial payments, we can extend further time beyond the initial ten day grace period. Each individual is evaluated on a case by case basis to determine if a restitution agreement will be offered and, if so, how much time will be allowed for the payment of each check involved.
How long will it take me to receive restitution after the check writer has paid the Worthless Check Unit?
When a worthless check case is cleared through the payment of restitution to the WCU, the District Attorney's Office will usually mail a check to you by the 10 th day of the following month.
How can I find out the status of a complaint I have filed?
Feel free to call anytime to check the status of your case or if you have any questions.
What do I do if the check writer contacts me after I have filed a complaint?
If you are contacted by an individual after filing his/her worthless check with the WCU, refer that person to our office regarding the matter.
What happens if a check writer fails to respond to the WCU or fails to pay restitution as promised?
If a worthless check writer ignores attempts by this office to contact him or her and/or fails to make a restitution payment on time, the warrant issued in that individual's name will be activated. The warrant will then be forwarded to the Tuscaloosa County Sheriff's Department to be served on that individual. If an individual fails to voluntarily surrender to the Sheriff's Department once a warrant is forwarded there, a deputy can be dispatched to place that individual under arrest and transport him or her to the Tuscaloosa Metro Jail.
What happens to a worthless check writer who is served with his/her warrant(s)?
A check writer served with his or her warrant(s) is charged with the offense of Negotiating a Worthless Negotiable Instrument (NWNI) . Once that individual is booked into the Tuscaloosa Metro Jail and released, he or she will be assigned a date to appear in Tuscaloosa County District Court on the charges. The criminal offense of NWNI is a Class A Misdemeanor in Alabama and is punishable by up to one (1) year imprisonment and two (2) years probation with the imposition of restitution, fines, fees, and court costs. If a check writer is convicted on the charge(s), the amount of restitution and time frame in which to pay it will be determined by the court.

