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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