The Maricopa County Attorney's Office established the Check Enforcement Program to assist victims. The primary responsibility of the program is to recover restitution for victims. Most "first time" bad check writers will be provided an opportunity to avoid prosecution by payment of full restitution and statutory fees. If the check writer does not make full restitution, and if sufficient evidence for criminal charges is available, criminal prosecution will be initiated. If the check writer is a repeat offender, or if evidence exists of intent to defraud from the outset, the County Attorney will attempt to prosecute
The Maricopa County Attorney's Office Check Enforcement Program may help you receive full restitution on bad checks passed to you or your business. Fees are paid by the bad check writer - making this a FREE service to victims and merchants
- The Check Enforcement Program has been in existence since the late 1980's.
- To date, the Program has recovered over $40 million in restitution.
- The Program files on average 1,800 criminal cases per year.
- The Program repays to victims on average $1.2 million in total restitution per year.
- The Program has roughly 140,000 bad check writer names in its database.
- The Program receives, on average, 6,000 new bad checks to process each year.
Follow this simple flow chart to see if the Check Enforcement Program can assist you.
Matters Not Handled by the Program
Certain types of check cases are not handled by the Maricopa County Check Enforcement Program.
- Stale Checks: Checks that are older than 180 days past the date issued
- Postdated Checks
- Credit Card Accounts
- Travelers Checks
- Health Savings Accounts
- Civil Litigation or Property Subject to Civil Remedies: Matters that result in civil litigation are not handled by the Check Enforcement Program
- Checks issued, passed or accepted in another county or state
- Any check for which partial payment has been accepted
Download the Check Enforcement Program guidebook which provides step by step instructions on what to do when accepting a check or when you receive a bad check from the check writer. It also has valuable information on reducing and eliminating losses due to bad checks. This guidebook provides directions for processing bad checks and supporting the prosecution of bad check writers. Please read this guidebook carefully and follow the instructions.
For a general overview of the program, download the Program's brochure.
Five Easy Steps to Protect Yourself Against Bad Check Writers
Card every "check writer" - Write down the photo ID number (preferably an Arizona Driver License) and date of birth of the signer. Remember, a social security card is not legitimate identification.
Handle the check - Feel the edges of the check. Can you feel a perforated side? How does the paper feel? Was it washed, erased, chemically wiped, taped together or altered with white correction tape?
Examine the preprinted information - Is there a printed address and name? Does the banking institution currently exist? For Arizona banks, do the numbers at the bottom (routing numbers) start with "12" for banks or "32" for credit unions? Is the check number at the top showing up on the bottom row of numbers? Routing numbers at bottom of check should not be in shiny ink, but should reflect flat or dull.
Confirm the handwritten data - Make sure the date is accurate, and the dollar amounts match. Be sure the signature matches the account name and that it is legible. Print the signer's name above the signature if you cannot read it.
Keep your procedure consistent - Even if you think you know the check writer, insist on seeing ID and write the information on the check (AZ Driver License, date of birth).
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