Bad Check Program

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Why It Works

The Bad Check Restitution Program works because...
Bad Check submissions are easy to file
Upon recovery, 100 percent of the face value of the check is returned to the victims.
There is no minimum dollar restriction.
The program operates at no cost to the county, taxpayers or the merchants/businesses of Mohave County. In others words, it’s FREE to you.
FREE training is available for your cashier’s and clerks.

PURSUANT TO ARIZONA LAW, you must notify the check writer in writing by sending a certified letter, return receipt requested (green card), which is already prepared for your use (download Notice of Dishonored Check). You must allow 12 days plus 5 days for mailing for a response to your letter (17 days). If there is no response OR your letter is returned by the post office unclaimed/undeliverable within those 17 days, you do not have to wait the full 17 days and may proceed with submitting the bad check.
If you do not hear from the check writer or receive payment within the time limit, simply download Bad Check Submission Form and follow the instructions for Submission to the Bad Check Program. The more information you can give us increases your chances of full prosecution of the check writer.
Fill out the Submission Form, attach originals of all checks and notification documents, such as return receipts, bank notices and a copy of the letter you sent (be sure to keep copies for yourself), and mail to:

BAD CHECK PROGRAM
P. O. BOX 7000
KINGMAN AZ 86402

You may hand deliver to:

BAD CHECK PROGRAM
MOHAVE COUNTY ADMINSTRATION BUILDING
700 W. BEALE ST.
(behind Sheriff’s Office)
KINGMAN AZ 86401
ONCE YOU HAVE SUBMITTED YOUR INFORMATION TO THE BAD CHECK PROGRAM, YOU ARE UNDER THE RESTRICTION OF NOT ACCEPTING PAYMENT FROM ANYONE ON THE BAD CHECK. PAYMENT CAN ONLY BE MADE TO THE BAD CHECK PROGRAM OR ELSE OUR PROGRAM DOES NOT WORK.

If It was passed/received in Mohave County, deposited in a bank in exchange for goods or services presumed "good" at the time of acceptance.

A "Notice of Dishonored Check" was sent to check writer allowing 12-17 days to make the check good.

If It is submitted to the program within 90 days from the date on the check.

A photo I.D. (driver's license, military I.D., state identification card) was recorded at the time of the transaction.

Checks Not Handled by Bad Check Program

THE FOLLOWING CHECKS CANNOT BE HANDLED BY THE BAD CHECK PROGRAM. MOST MUST BE PURSUED CIVILY IN SMALL CLAIMS COURT OR BY A COLLECTION AGENCY. YOU ARE ADVISED TO SEEK PRIVATE LEGAL COUNSEL FOR ADVICE ON THESE PROCEDURES.

** PLEASE CALL THE BAD CHECK PROGRAM ABOUT YOUR BAD CHECK. THE CIRCUMSTANCES INVOLVING YOUR CHECK MAY QUALIFY IT FOR THE PROGRAM REGARDLESS OF WHAT IS MENTIONED BELOW.

Checks not written, passed or received within Mohave County.
Online bill-pay checks. Since these checks are not witnessed by anyone when they are issued, we cannot prosecute. Besides not identifying the person issuing the check, we do not have any signature authorizing the check being issued.
Stale dated checks. A check must be presented to a financial institution for payment within 30 days of the date written on the face of the check.
Checks that are altered or suspected of being forgeries, counterfeit and checks stamped “Lost or Stolen” or “Counterfeit”, should be immediately directed to local law enforcement, as these are probably the subject of a more serious crime like fraud, stolen or theft of checks or forgery.
Rent checks. Rent checks are not a criminal matter, however, call the Bad Check Program to discuss the circumstances involved. Landlords are protected under the Residential Landlord and Tenant Act laws. The amount of the bad check plus any other amounts owed to you are recoverable in this civil procedure. Please refer to Landlord/Tenant Act Handbook available at your local Justice Court. You should seek private legal advice from an attorney.
Checks that are electronically processed by a third party company (i.e.: Telechek, Certigy, ChexSystems, Checkwrite, Crosscheck, SCAN, are a few of the companies). These companies should reimburse you for your loss, as that’s why you are paying for their service. If you are using any of these companies, and hand the actual paper check back to the check writer at the time of the sale, you are giving away our prosecution evidence. If you keep the original check in your possession, then you may forward it to the Bad Check Program once it’s returned from your bank.
Checks issued by an electronic or online internet service where the issuer was not present when the check was passed or when the check was not signed by the issuer. A witness is required to have seen who actually signed the check.
Checks that have been cashed at your business (two party checks), but are not made payable to your business, such as payroll checks issued to the person attempting to cash the check. This check is not payable to you, therefore, you should not be cashing the check. You are not a bank and you should never “cash” any checks for anyone. These cashed checks cannot be prosecuted by the Bad Check Program.
Post dated checks either from the date of acceptance, receipt or date of the check, as this is a civil agreement between you and the check issuer, because you know in advance the check writer does not have any money in his account. You take a risk in accepting these checks and for your own safety, you should never accept a post dated check. This becomes a civil matter because you were put on notice that the check writer had no funds in the bank when you accepted the check.
Stop payment checks whether there were sufficient funds on deposit to pay said checks or not, if payment was stopped after issuance, we cannot prosecute. This becomes a civil matter.
Checks which the payee or holder knew that the check writer did not have funds to pay the check at the time the check was issued.
Checks issued in matters which constitute civil disputes rent checks (see Residential Landlord and Tenant Act Handbook located at your local Justice Court), checks for rental storage units, contract agreements, verbal agreements, personal loans, promissory notes, post dated checks, stopped payment checks, etc.
Checks redeemed by a guarantor or assigned by a payee to a guarantor.
Checks as to which the payee or holder has been expressly notified before the drawing of the check or has reason to believe that the check drawer did not have on deposit as to his credit with the drawee, sufficient funds to ensure payment on its presentation (IRS freezes, hold by insurance companies or hold by the bank). This is a statutory defense.
Checks as to which the insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person from the banking institution.

Helpful Information and Suggestions

If your employees are accepting checks, help them out by posting your check cashing policies and review your policy with them. For example, if you require an Arizona Driver's License and one other identification, by posting that fact, you enable the employee to simply point out that policy and say, "I am sorry, but I am not permitted to accept your check without the listed identification". This depersonalizes the transaction between the customer and employee so that the employee cannot be intimidated into accepting the check.

Share your knowledge about bad checks with your employees and co-workers. Talk about the problems and solutions on a regular basis and review your policies so they all know what to do when accepting a check. FREE training is available, contact the Bad Check Program for further information.

Some small companies and businesses maintain and share a "bad check list" which names those individuals who have written bad checks. While our bad check program will assist you in recouping your losses, it is still an inconvenience to get involved in the collection process. You are the best protection against bad checks.

Don't accept checks for more than the amount of purchase (give cash back) or made payable to someone else (mostly payroll checks). You are a business, not a bank. If you feel that good customer relations would warrant cashing these checks anyway, keep a list of your good customers and provide this service for them only, with proper identification obtained. The Bad Check Program cannot collect these checks for you.

It is not a good idea to accept checks from persons who are obviously under the influence of drugs or alcohol without requiring solid identification. These checks could be cashed with no purchase from your store, which is not good business for you.

Do not accept checks that may be issued by a third party who asked you to cash the check for them. For example, If John Smith issued a check to Mary Jones, and Mary Jones asks you, the cashier/merchant, to cash John's check for her, DO NOT CASH IT. The reasons are twofold. (1) Because you need to obtain identification of John Smith who actually issued the check, not Mary Jones, to whom you are giving the money and (2) you did not actually witness John signing the check. This is not a good practice on behalf of your business to cash these checks. Exercise extreme caution and see the signs of a possible situation before accepting the check.

Many businesses have now opted to use the debit card system in their stores that eliminate the taking of checks altogether. This is a very good idea as the information deals directly with the bank and the check writer's account. If you do not wish to accept the check, tell them so, and suggest that they use their debit card instead (also referred to as "electronic funds transfers" or EFT's). If they refuse, there's the possibility that the check is also not good.

Contact information

Bad Check Program
P. O. Box 7000
700 W. Beale St.
Kingman AZ 86402
928-753-0770

Bad Check Program

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Why It Works

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