Check Enforcement Program

How the Check Enforcement Program Works
 One of the primary goals of the Check Enforcement Program is to return money to the victims. Because this is a pre-complaint diversion program, there is a strong incentive for check writers to comply. For the victim, the process is easy:

We will contact you within 60 days of receiving your checks in order to pursue restitution as quickly as possible. Any restitution that we are able to enforce is mailed to you within seven days of the Program receiving payment.

*If we are unable to obtain restitution and the check does not qualify for prosecution, we will hold the check in an inactive status. This will enable the case to be reactivated for further investigation in the event that we receive additional information.

However, if you prefer, we will return such checks in order for you to pursue the matter through civil institutions such as small claims court or a private attorney.

Benefits for the Entire Community

While the primary goal of the program is returning more to businesses and individuals who have lost money to dishonored checks, there are aspects of the program that help the entire community.

  • Check offenders pay all the costs of the program
  • Victims pay nothing.
  • If prosecution can be avoided, there are NO COSTS for merchants or other tax-payers or Albany County.

Fewer Dishonored Checks

Another important goal of the Program is to prevent fewer dishonored checks from being issued. This is achieved in two ways:

  1. Merchants are provided with informational materials, including forms and guidelines for handling and submitting dishonored checks to the Program.
  2. All offenders are required to complete an educational course that teaches them how to control their finances. It is proven that these types of courses lower the number of repeat offenders.

Reduced Burden to the Legal System

Diversion programs such as this dramatically reduce the caseload for law enforcement and the courts. This frees up time and resources that can be devoted to more serious or violent crime.

However, offenders who fail to comply with the conditions of the Check Enforcement Program or continue to write dishonored checks after being in the Program are still subject to possible criminal prosecution. The penalty is appropriate to the crime.