Bad Check Restitution Program
Individuals and businesses bringing complaints about check fraud should call (866) 398-0759 or visit the website at www.checkprogram.com/4thjudicialco. The Bad Check Restitution Program works closely with the business community to stop violators and prevent check violations by educating retailers and service businesses with tips on how to monitor identification of check writers, as well as educating the check writer. First time offenders are given an opportunity to avoid criminal prosecution by attending a mandatory intervention class, in addition to paying restitution. When appropriate, and when the actions of certain offenders warrant more severe punishment, complaints will be pursued for prosecution.
Before turning a complaint over to the Bad Check Restitution Program, the victim should take some steps on his/her own:
- Present the check to the named bank for payment, even in those instances when it is known that the check will not be honored;
- Make an attempt to collect from the check writer;
- And include the following information as part of any complaint:
- Proper identification of the check writer: a Colorado driver's license or Colorado I.D. card. A military ID card or a Social Security number is not sufficient.
- The name and address of the person who accepted the check (this person is a required witness)
After the check complaint has been accepted by the Bad Check Restitution Program the following may occur:
- An attempt will be made to contact the check writer and provide him/her an opportunity to make restitution.
- If the check writer fails to make restitution, criminal charges may be filed.
The following list details situations and circumstances under which, ordinarily, the Bad Check Restitution cannot accept the case:
- Fraud - lost/stolen/forged and identity theft (report to law enforcement)
- Checks not passed in the El Paso/Teller County jurisdiction
- Checks without proper identification
- Checks written on out-of-state banks or with out-of-state identification
- Checks where partial payment has already been accepted
- Checks written for charge account payments
- Checks written with an agreement that they will be held for a period of time
- Post-dated checks
- Two party checks
- Pre-signed checks
- Credit card checks
- Stop payment checks where the issuer acted in good faith and with reasonable cause in stopping payment
- Checks issued to pay an obligation arising from illegal transaction
Forgeries, counterfeit checks, and identity theft should be reported directly to the law enforcement agency in your jurisdiction:
- Colorado Springs Police Department 444-7000
- El Paso County Sheriff's Office 520-7111
- Fountain Police Department 382-8555
- Woodland Park Police Department 687-9262
- Teller County Sheriff's Office 687-9652
- Cripple Creek Police Department 689-9480
- Manitou Springs Police Department 685-5407.