Bad Check Restitution Program from the District Attorney
What is the Bad Check Restitution Program?
If you are a business or individual and received a check with insufficient funds, the District Attorney’s Office provides a program through the Criminal Justice Services Department (CJSD) to assist you. Please email them at cjsd-pst@mesacounty.us .
Is my check eligible?
Eligible checks
Amount is no more than $1,999.00 (or multiple checks do not exceed this limit)
Check was received in Mesa County, deposited at a bank in exchange for goods or services, and was presumed “good” at the time of acceptance Courtesy Notice must be sent to check writer via U.S. Certified mail including return receipt, allowing 15 days to make the check good
Check is submitted to the program no earlier than 31 days, but within 90 days from the date of the check. Photo I.D. number (driver’s license or state I.D.) was recorded at the time of transaction
Ineligible checks
Post-dated
Both parties knew there were insufficient funds at the time of transaction
Two-party, stop payment, or payroll check
Identity of check writer is unknown No amount, date or signature on the check
Numeric and written amounts on the check do not match
The check has not been processed by a bank
Check involves an “extension of credit” or was payment on an account
If eligible, follow these steps
1. Make personal contact with the check writer.
a. If you are unsuccessful, send a courtesy notice via U.S. Certified Mail including a return receipt. *Keep a copy of the courtesy notice and mailing receipts for your records.
b. The check writer has 15 days to respond and remit payment.
2. If you do not hear from the check writer or receive payment, contact the CJSD Community Based Programs to file a complaint.
3. Fill out the crime report, keep copies and attach originals or legal copies of all checks (front and back), notification documents (such as a copy of Courtesy Notice, return receipts, undelivered letter), and bank notices and attach them to your crime report.
a. These can be scanned and emailed to cjsd-pts@mesacounty.us or hardcopies can be mailed to:
ATTN: CJSD
P.O. Box 20,000
Grand Junction, CO 81502
4. After your crime report is filed:
a. DO NOT accept direct payments from the check writers. Should the check writer contact you to make payment, refer them to the Criminal Justice Services Department at cjsd-pts@mesacounty.us.
b. Please allow a minimum of 90 days to pursue restitution.
c. If the check writer does not comply with CJSD, the case may be reviewed for possible criminal prosecution.
d. If we are unable to recover restitution and/or the check is not eligible for prosecution, you may request the check(s) be returned to pursue a civil remedy.
Links to other pages
For an example courtesy notice please use the form below:
Bad Check Restitution Program - Sample of Courtesy Notice.docx
Self-Help Small Claims Form can be obtained at the 21st Judicial Combined Courts website.