In 1997, the North Carolina General Assembly passed legislation to establish pilot programs for dealing with worthless checks in a more efficient and cost effective way than emmediately issuing warrants. This program was originally approved in only three counties in North Carolina. Since the inception of these programs, it has become apparent that they were very popular and extremely successful in the counties in which they were implemented.
This program is now available in Rutherford County. The purpose of this program is to allow you, the merchant, to collect the restitution to which you are entitledd in a more effective manner.
The services of the Rutherford County Worthless Check Program are free to you, the victim. Any administrative costs are paid by the passers of the checks as provided by North Carolina General Statute 14-107.2.
For additional information contact: Brenda Grant at the District Attorney's Office, 229 N. Main St., Rutherfordton, NC between the hours of 8:30 a.m. and 4:30 p.m. | How the program operates:
The merchant must first attempt to collect the check by sending a certified letter to the check writer, allowing him/her 10 days to respond.
If the check writer fails to respond in 15 days, the matter may be referred to the Worthless Check Program.
The District Attorney's office will then send a letter to the check writer explaining the program and how to avoid criminal prosecution. the check writer is given 30 days to respond.
The check writer must bring or mail the full restitution amount, the program fee, and the payment for to the Clerk of Superior Court's office by the due date.
If no response is received, criminal process may be issued.
Once criminal process has been issued, it will not be necessary for a representative of the merchant to appear in court unless notified by the District Attorney's office.
| What to furnish:
1. Completed and notarized Affidavit form.
2. Completed Application form.
3. Original check returned by the bank.
4. Copy of the 10-day letter sent to check writer.
5. Certified mail receipt.
Checks NOT eligible:
1. Checks that do not show payee, date, amount, or signature.
2. Checks without a drivers license or other identification.
3. Checks not written or passed in Rutherford County.
4. Check involving extensions of credit.
5. Third-party checks.
6. Checks presented for collection by a party other than the payee.
7. Checks that are altered or are suspected of being forgeries.
After a merchant refers a check to the Worthless Checks program, payment MAY NOT be accepted directly from the check writer. The check writer MUST be referred directly to the District Attorney's office. |