The Bad Check Program:
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| Bad Check Mediation Program Phone Number |
(240) 777-7399 |
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What is the Bad Check Program?
- To provide merchants and receivers of bad checks a quick and effective way to recover their losses.
- To identify repeat offenders and concentrate prosecution efforts on those offenders.
- To lessen the burden on the court system while producing a successful result for the merchants/victims.
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How Do I Qualify for the Program?
- Passed for goods or services.
- Less than six months old.
- Written on a closed or non-sufficient funds account, or a "stopped payment", for goods that were never returned to the merchant.
- Deposited and rejected by a bank within 30 days from issuance.
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| The merchant must have as many of the following as possible:
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| What Type of Checks Do Not Qualify?
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How Do I Activate the Program?
- You must send a certified return receipt letter to the check writer describing the bad check and making a demand for payment within ten days.
- If payment is not received, you should contact the Bad Check Mediation Program at (240) 777-7399 to schedule an appointment. There is a $15.00 charge per check.
- Bring the check and the postal receipt return card to the appointment. An appointment takes about 15 minutes per check.
- A letter signed by the State's Attorney will be sent notifying the check writer to appear before a hearing officer at a mediation hearing at the State's Attorney's Office. The complainant will be present at that hearing.
- At the hearing, the hearing officer mediates the case with the complainant (victim) and the check writer and seeks an agreement, if total restitution is not made. Fifty percent of our cases are resolved on or before the hearing date.
- If the check writer fails to appear at the hearing or does not keep a promise of payment, a deadline notice is given to the check writer of approximately two weeks to settle the matter or face criminal charges filed by the State's Attorney's Office.
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| If Mediation Fails and Charges are Filed, What Happens Next?
When the check writer is served with the charges, the merchant will receive a summons from the District Court of Maryland to appear for a trial. If the check writer makes restitution before the trial date, do not return the check. It is evidence and should not be returned until the case is closed. Your cooperation with the prosecution is expected. |
How Long Does the Mediation Process Take?
The Bad Check Mediation Program will be able to complete its involvement with the case in approximately 40 days from the first meeting. | |
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Can I Recover Any Fees in Addition to the Face Value of the Check?
In addition to the amount of the check, we will attempt to recover the mediation fee, any bank fees, and the expense of the certified letter. | |
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What Steps can be Taken to Avoid Taking a Bad Check?
- Examine the check carefully making sure all items on the check are filled in and correct.
- Obtain as much information from a valid driver's license as possible and write it down. Memories fade as time goes by.
- Compare the picture ID to the person passing the check.
- Avoid taking checks where the name on the ID is different than the name on the check.
- For a Maryland driver's license, the letter which precedes the ID number should be the same as the first letter in the check writer's last name. If it doesn't match, refuse the check.
- If you accept a business check, make sure the signature on the check can be read. Criminal charges are brought against a person and not a business. Out of state checks should be scrutinized more carefully. Legal problems multiply when the bank is located in another jurisdiction where Maryland subpoenas do not have to be honored
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