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1. What should I do if I get a bad check?

If you or your business has received a bad check in exchange for goods or services, fill out a Victim Information Form (first time victims only), attach the bad check to a completed Submittal/Witness Form (use a separate form for each bad check), and mail or deliver these materials to our office: MCAO Check Enforcement Program, 225 West Madison Street, Phoenix, AZ 85003. If there is sufficient evidence to prove the ID of the check writers, we will take action — including criminal prosecution — to collect the funds you are owed from the bad check writer plus a $25 merchant fee at no cost to you.

2. What types of checks are NOT handled by the program?

We can only handle checks where the check writer’s identity can be proven. There are also other types of cases that are not handled by the Check Enforcement Program, such as:

• Stale Checks: Checks that are older than 180 days past the date issued are considered stale and usually are declined. It is preferable that all checks are submitted as promptly as possible.
• Postdated Checks: These types of checks are considered an extension of credit and are inappropriate for prosecution under Arizona law.
• Credit Card Accounts
• Traveler’s Checks
• Health Savings Accounts
• Checks issued, passed or accepted in another county or state.
• Any check for which partial payment has been accepted. Acceptance of a partial payment constitutes extension of credit or a loan, resulting in a civil defense.
• Checks with illegible, forged, dual or stamped signatures
• Checks that involve civil disputes

3. What happens to the bad check writer?

Most “first time” bad check writers will be provided an opportunity to avoid prosecution by payment of full restitution and state mandated fees. If the check writer does not make full restitution, and if sufficient evidence for criminal charges is available, criminal prosecution may be initiated. If the check writer is a repeat offender, or if evidence exists of intent to defraud from the beginning, the County Attorney will attempt to prosecute.

Bad check writers face a maximum penalty of 6 months in jail for each bad check; $2,500 in fines, restitution up to twice the amount of the check; and state mandated collection fees pursuant to A.R.S §13-1807 and §13-1810.

4. What else can I do to recover funds from a bad check?

We encourage the victims to contact the check writer to resolve the issue of non-payment. We have provided “Demand for Payment” guidelines and example letters you can mail to the check writer. This should be taken prior to contacting the Check Enforcement Program.

5. What if I receive payment after submitting a check to the program?

Once a check has been submitted to the Check Enforcement Program, do not accept payment for the check! Any money sent to you by the check writer should be immediately returned to the check writer or forwarded to the Check Enforcement Program with a note asking that the money be applied to your specific case.