Check Prosecution Unit

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Check Prosecution Unit

Yolo County merchants lose millions of dollars because of non-sufficient fund/closed account checks. Consumers share in these losses through higher prices. The District Attorney’s Check Prosecution Unit tracks down the bad check writers, at no cost to the victim for using the program, returns the money to the victim/merchant and deters future offenses through a diversion program and possible criminal prosecution.

This program is designed to help protect and seek justice for our communities by removing some of the investigation burden from local law enforcement agencies and providing new methods of obtaining restitution for victims while also educating offenders. Full restitution is forwarded to the submitting merchants/victims and NO FEES are charged to you for our services.

Why It Works

The Check Prosecution Program works because:

* Bad check reports are easy to file and and we strive to follow-up as promptly as possible.
* Upon recovery, 100 percent of the face value of the check is returned to the merchants.
* There is no minimum dollar restriction.
* Payment is mandatory and bad check offenders can opt to complete a 12 hour educational class at their expense.
* All work is done here in Yolo County.

We look forward to working with you and your staff for the benefit of our community.
About Us

In 2006 the Yolo County District Attorney Check Prosecution Unit returned over $300,000 in restitution to victims of bad check writers! Also, in 2006 the Check Prosecution Unit issued 78 felony warrants and 30 misdemeanor warrants.

In the State of California, writing a NSF (non-sufficient fund) or account closed check, with the intent to defraud, is a crime by the authority of California Penal Code Section 476a(a). The state legislature, however, allows for a Diversion Program at the County District Attorney level. The District Attorney has the discretion to implement and operate the Diversion Program, which allows an alternative to criminal prosecution, if the bad check writer meets certain criteria, and agrees to full restitution, payment of all administrative fees, attendance at a diversion class, and ceases to write bad checks.

Filing a Report

Make personal contact with the check writer and if you are unsuccessful, send a courtesy notice. The check writer has 10 days to respond and remit payment.

If you do not hear from the check writer or receive payment, simply contact the Check Prosecution Unit at 530/ 666- 8200 or download the Bad Check Report Form.

Fill out the Bad Check Report Form, attach originals (you retain photocopies) of all the checks and notification documents, such as return receipts and bank notices, and:

Mail to: Yolo County District Attorney or Bring to:

Yolo County District Attorney
Check Prosecution Unit
PO Box 1404
Woodland, CA 95776
Check Prosecution Unit
301 Second Street
Woodland, CA 95695

You Must Attach The Original Check(s), before you submit your form to the Check Prosecution Unit.

Once your complaint has been filed, the Check Prosecution Unit must recover all payments. If the check writer contacts you to make a payment, please refer him or her to the District Attorney Check Prosecution Unit for payment. If the check writer makes payment to the Check Prosecution Unit, you will receive a restitution check within 4-6 weeks.
Tips For Accepting Checks

The best way to reduce your losses is to avoid taking bad checks from the start. The following tips are suggestions to help you establish good procedures for accepting checks.
Institute a Check Acceptance Policy:

A clearly posted checks acceptance policy for your employees and customers can go a long way toward reducing your losses. Policies should state which types of checks can and cannot be accepted and include the consequences to bad check writers.
Confirm the Identity of the Check Writer:

All ID can be forged. The most reliable form of ID is that which contains a photo and a physical description. Ask for the ID and write the ID number, birth date, address and other descriptive data on the front of the check. Ask Questions. If the ID does not belong to the person writing the check, they may be thrown off guard.
The Signature Should be Legible and Signed in the Presence of the Individual Accepting the Check:

DO NOT accept previously signed checks. For a company check, it is vital that the signature is legible. If not, print the individual’s name on the front of the check.
The Complete Address Should be Imprinted on the Check:

Require a street address, in addition to a PO Box number. Obtain a phone number as well.

Accept Checks Only Written With Today’s Date:

Pre or postdated checks cannot typically be prosecuted. This restricts any recourse you may have against the check writer if your own collection attempts fail.

Make Sure Written Amounts and Numbers Correspond:

Banks will not honor checks with discrepancies between written amounts and numbers.

Avoid Accepting Checks Drawn on an Out-of-State Bank.

Remember...you are not required to accept a check from anyone. If you feel uncomfortable or suspicious, trust your intuition! Ask for another form of payment.

Read Every Check Carefully for the Following Eight Points:

A Photo of a Sample NSF Check1. Must be Personalized - Complete name and address preprinted by the bank.
2. Date must be current - Never post dated or more than 30 days old.
3. Check the Bank ID#
4. Payee must be your company.
5. Amounts written and numerical must be the same.
6. Bank name and address must be printed on the check.
7. Bank and customer computer numbers must be printed on check.
8. Customer signature - Must be signed in your presence.

Links

FAQs

Courtesy Notice

Warning Sign (English)

Señales de alerta (En Español)

Bad Check Complaint Form

Contact Us

Office Location

301 Second Street
Woodland, CA 95695
Phone: 530/ 666-8200
Fax: 530/ 666-8185

Mailing Address

Yolo County District Attorney’s Office
Check Prosecution Unit
PO Box 1404
Woodland, CA 95776

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