Bad Check Restitution Program - Office of Miami-Dade State Attorney Katherine Fernandez Rundle - Office of Miami-Dade State Attorney Katherine Fernandez Rundle

Office of State Attorney Katherine Fernandez Rundle’s
Bad Check Restitution Program

Bad Check Restitution Program
Phone: (305) 547-0175

The Office of State Attorney Katherine Fernandez Rundle is vigilant about protecting residents from fraud and decreasing the negative impact of bad checks passed to local businesses. Millions of dollars are lost every year to merchants because of this ongoing problem. Bad Checks affect everyone in terms of higher consumer costs passed on to customers to offset losses and increased taxes to cover the additional costs for law enforcement and prosecution.

To combat this serious problem, State Attorney Fernandez Rundle organized the Bad Check Restitution Program to assist local merchants with bad check losses. The program’s primary goal is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system.

First-time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory financial responsibility class and paying restitution. All of this is accomplished without any cost to the taxpayers.

Your interest and participation in this special program will benefit all law-abiding citizens and help your business improve its bottom line.

Make personal contact with the check writer; if you are unsuccessful, send a statutory notice, giving the check writer 15 days to respond and remit payment.
If you do not hear from the check writer or receive payment, complete the crime report by clicking on the Complaint Form below. The report must be notarized.
Submit the following documentation to the address below: the original notarized crime report, copies of the cancelled check (s), bank notices, return or tracking receipts as well as supporting paperwork, i.e., invoices, sales or leasing agreements, etc.

The Miami-Dade State Attorney Bad Check Restitution Program Works because:

Bad check reports are easy to file.
Upon recovery, 100 percent of the face value of the check is returned to the merchants.
There is no minimum dollar restriction. Bad check offenders must complete an eight-hour education class at their expense.
The program operates at no cost to the county or the taxpayers.

A check is eligible if:

It was received in Miami-Dade County, deposited in a bank in exchange for goods or services presumed good at the time of acceptance.
A Statutory Notice (sample of statutory notice is on the 2nd page of complaint form below) is sent to the check writer allowing 15 days to make the check good.
A photo I.D. (driver’s license, military I.D., state identification card, or check cashing card) was recorded at the time of the transaction.

A check is not eligible if:

It is post-dated or the payee was asked to hold the check.
Both parties knew at the time of transaction that there were insufficient funds in the account.
It is an out of state, three party, or government check.
The identity of the check writer is unknown.
There is no amount, date, or signature on the check.

Checks that are not eligible for the Miami-Dade State Attorney Bad Check Restitution Program cannot be prosecuted. They may be pursued in Small Claims Court if the amount is less than $5000.00. (http://www.miami-dadeclerk.com/property_small_claims.asp), with a private collection agency or through any other action deemed appropriate upon advice of counsel.

Institute a check acceptance policy. A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses.

Only accept checks that are dated on the date of the transaction. Post-dated checks and checks that you are asked to hold cannot be prosecuted and will not be accepted in the Program.
Trust your instincts! If something doesn’t seem right, ask questions or ask for another form of payment. You are not obligated to accept a check.