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Worthless Check - STEPS TO RECOVER RESTITUTION

 


Phone (205) 325-1422

FAX (205) 325-1427

 

STEPS TO RECOVER RESTITUTION

The Worthless Check Unit of the Jefferson County District Attorneys Office opened for business in the the fall of 1992. Since that time more than $9,000,000.00 in restitution has been collected and returned to victims.

The following steps will assist you in collecting your bad check losses and further explain your role in the process of collecting restitution. Please note that in order to utilize the services of the Worthless Check Unit the check must have been presented to the bank within 30 days of receipt.


STEP 1: Alabama statute requires that a notice be sent to the bad check writer by CERTIFIED or REGISTERED MAIL. This form is prescribed by law and may not be altered in any way. The form must be sent to the address printed on the check or that given by the maker at the time the check is received. Address notice to the person signing the check, not the name of the business.

We have made forms available for download in .pdf format. You must have Adobe Acrobat Reader installed in order to view these files. A link to download Acrobat Reader has been provided on the navigation bar.

Click here to view and print "Statutory Notice" letter.

STEP 2: IF RESTITUTION IS NOT MADE BY THE DEFENDANT you should complete a WORTHLESS CHECK INFORMATION SHEET, EXCEPT FOR THE AFFIANT SIGNATURE, the original check, the certified or registered letter receipt, the return receipt signature card, and a copy of the required statutory notice to the Worthless Check Unit of the District Attorneys Office. This office does not accept checks that have first been turned over to a collection agency.

Click here to view and print "Worthless Check Information Sheet"

STEP 3: ISSUING A WARRANT. The Worthless Check Unit, after receipt of the necessary information (Step 2) will prepare a warrant. A staff member will accompany you to the magistrate's office where you will sign the affidavit. The magistrate signs felony warrants only from 11am-12am. No warrant can be issued if the victim has accepted partial payment of a check.

STEP 4: The defendant will be notified by mail that a warrant has been issued for his/her arrest, and will be given the opportunity to voluntarily surrender himself/herself to this office. If the defendant qualifies for Deferred Prosecution, a Restitution Agreement will be signed by this office.

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