WORTHLESS CHECK PROGRAM
What is CKU?
The Worthless Check Unit (CKU) operates the worthless check program within the Office of the Fourth Circuit Solicitor to provide for the collection and distribution of restitution to the victims of worthless checks. The Program transfers the collection process from the victim to the Solicitor’s Office, reducing the victim’s work and cost associated with collections. The traditional prosecution of worthless checks is still the law. Participation by a victim in the Worthless Check Program is optional and FREE.
The worthless Check Program is self-sustaining under the control and supervision of the Solicitor’s Office and is supported through cooperation of the judicial system and law enforcement. Operational costs are recovered from the offenders, not the victim.
What is the collection procedure?
- When you receive a worthless check and it meets the legal requirements, you may submit the check and Victim/Vendor Worksheet form to the Solicitor’s Office for collection. This relieves you of the burden of the traditional collection and prosecution process.
- The Solicitor’s Worthless Check Unit will contact the check writer, collect and disburse restitution to the victim. If restitution is not made pursuant to the requirements of the program, the check writer will be prosecuted to the full extent of the law.
- CAUTION: Once you submit a worthless check to the Worthless Check Unit, DO NOT ACCEPT PAYMENT IN ANY FORM FROM THE CHECK WRITER. This may void collection through the Worthless Check Unit after submission of a check.
- Upon full collection of a worthless check, the Solicitor’s Worthless Check Unit will issue a check to the victim for the full amount of the check plus any statutorily approved service charges. The payment will be sent directly to the address specified on the complaint form.
Checks should be submitted to the Worthless Check Unit for collection with the completed complaint forms within 20 days of the date the check was presented to you.
Checks that do not qualify under this program may be a violation of another law (forgery) and will be prosecuted pursuant to the appropriate statute.
- Checks qualify if:
- They are given for labor, payroll checks or personal services
- They are given in payment for merchandise, cash or services
- They are returned to the bank due to insufficient funds, account closed status or for stop payment
- They are deposited within 10 days of receipt
- Checks do NOT qualify if:
- They are postdated
- An agreement was made to hold the check at time of transaction
- Victim had good reason to believe the check was no good upon receipt
- There is Forgery involved: Stolen Checks, Fictitious Account, Irregular Signature
When the Worthless Check Program receives a worthless check complaint and restitution is not made in accordance with legal requirements, a criminal charge will be filed. The Solicitor’s Office has full statutory discretion concerning the prosecution of your worthless check complaint.