If you have been paid with a check that has been returned to you by the bank as being NSF then the Solicitor's Office may be able to help you for free. The Solicitor's Worthless Check program is a free service to victims of worthless checks. Upon collection of the check, the Solicitor's Office will send you the full face value of the check plus any allowable service charge. The Solicitor's Office will handle all of the correspondence with the check writer; therefore do not correspond with the check writer after you have submitted a check for collection.
What is the Worthless Check Program?
How do I collect on a check?
Is the payor prosecuted?
How do I get paid?
Does my "bad" check qualify for the program?
What should I do next time to facilitate collection?
I have a business - is there a limit on how many checks I can submit?
What is the Worthless Check Program? Return to Top
The Worthless Check Program operates as part of the Solicitor's Office as a diversion program to provide for the collection and distribution of restitution to victims of worthless checks. The program relieves the victim of the burdensome task of collecting on "bad" checks through traditional methods; however, those methods are still available. Participation by victims of worthless checks in this program is purely voluntary.
The program is a self-sustaining effort funded by fees paid by the defendant. It is supported through cooperation with local agencies, the Dorchester County Council, and operated by the Solicitor's Office.
The establishment of the Worthless Check Program was authorized by the South Carolina State Legislature.
Collection Procedures Return to Top
A check which meets the legal requirements, can be submitted to the Solicitor's Office along with the complaint form for collection. This relieves the victim of the burden of the traditional method of collection and prosecution through the Magistrate's Court.
The solicitor's worthless check unit will then contact the check writer and attempt to collect on the check. Once the check is paid, the restitution will then be sent to the victim.
As a diversion program, if the check is paid, the defendant will not be prosecuted for issuing the worthless check. However, if restitution is not paid pursuant to the requirements of the program, the check writer will be prosecuted.
Note to victims: If you are a victim of a worthless check, and have submitted the check for collection, do not accept payment in any form from the check writer. This will void collection and prosecution efforts. All contacts with the check writer should be made through the Solicitor's Office once you have submitted a check for collection.
Prosecution Procedures Return to Top
When the Worthless Check Program receives a worthless check complaint and restitution is not made in accordance with the terms of the program, a criminal charge may be filed at the Solicitor's legal discretion.
Payment to Victims Return to Top
When full restitution for a worthless check is made, the payment will be sent directly to the victim at the address specified on the complaint form. If you are a victim and have a change of address, please remember to notify the Solicitor's Office Worthless Check Program. As a victim, you are entitled to receive the full face value of the check and any statutorily approved service charges as a result of the worthless check.
Program Requirements Return to Top
Checks qualify for collection if:
· Given for labor (payroll checks) or other personal services.
· Given as payment for merchandise, cash, or other goods or services.
· The check was deposited by the payee within (10) days of receipt.
And
· The Check was returned by the bank because of insufficient funds, closed account or payment was unlawfully stopped.
Checks should be submitted to the Solicitor's Office within 45 days of the day it was presented to you.
To submit a check for collection, you should deliver the check to the Solicitor's Office and complete a complaint form.
Checks do not qualify if:
· The check was postdated
· The payee agreed to hold the check at the time of the transaction.
· The payee had reason to believe the check was not good on receipt.
· The check is stolen, a forgery, issued on a fictitious account or has an obvious signature irregularity.*
* Some checks not qualifying for this program may be prosecuted under other existing laws. (i.e. forgery).
Before accepting a check it is always helpful if you: Return to Top
· Make sure the check is signed in your presence.
· Make sure the date and the amount are correct.
· Request a driver's license or identification card and record the number.
· Request a date-of-birth.
· Request and verify a physical address and compare with the address on the check.
· Request a place of employment and work number.
Business Owners Return to Top
Business owners as well as individuals may submit checks for collection. As a victim, the Solicitor's office seeks to assist you in the collection of these checks. As long as the checks qualify for the program, there is no limit on the number of checks you may submit.