Bad Check Diversionary Program
As a victim of a bad check, you may file a report with the York County District Attorney provided there is sufficient information, and that the check meets all eligibility guidelines. The York County District Attorney’s Office will seek full restitution for victims whenever possible; however, please keep in mind that the Bad Check Diversionary Program can make no recovery guarantees. By submitting the check to the program, you surrender control of the check to criminal process and forgo the opportunity to pursue civil debt collections.
The following types of checks are ineligible:
- Two- party checks
- Payroll/credit card checks
- Checks passed outside of York County
- Partially re-paid checks
- Post/pre dated or altered checks
- Fraudulent or stamped lost/stolen/forged checks
- Checks you agreed to hold before depositing
Filing Instructions
- Mail a Courtesy Notice to the check writer via U.S. Certified Mail (sample found below).
- Submit Bad Check Crime Report through the York District Attorney’s Office website at www.yorkda.com.
- Attach checks and all supporting documents, such as certified mail return receipt OR undelivered letter, copy of courtesy notice, and bank notice with fees.
If you are unable to submit online, you may mail the report and all correspondence to: York County District Attorney’s Office, Bad Check Diversionary Program, 45 N George St, York, PA 17401. All original records are to be kept with the victim, only copies should be submitted.
After submitting the Bad Check Crime Report the victim is not permitted to accept direct payments from check writers unless an agreement is set in place by the York County District Attorney’s Office. Should the check writer contact the victim to make payment, refer the check writer to the York County District Attorney’s Office, 717-771-9600.
Check writers are encouraged to make payments in full. Should partial payments be necessary, all parties will be made aware of the payment agreement and terms prior to the victim accepting payment.
If the check writer does not comply with the Bad Check Diversionary Program, the case may be reviewed for criminal prosecution. 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.
Restitution refers to the face value of all checks listed on this report along with all stated service fees.
Service fees
Per Pennsylvania Consolidated Statute 4105(e-3), the maximum fee that may be charged for a return check is $50.00. If you charge a fee, (to recover postage and other handling costs) that fee and the return check fee your bank charges constitutes your service fee and may not exceed $50.00. You must have a written notice of the service fee conspicuously displayed on the premises when check was issued (i.e. by your cash register/ checkout). The only exception is if the fee your bank charged exceeds $50.00, then you may recover the actual fee charged, but only that fee.
Sample “Courtesy Notice”
(This notice must be sent to the check writer via U.S. Certified Mail)
Date
Dear Check Writer:
You are hereby notified that a check numbered ___ in the face amount of $ ______, issued by you on ____ drawn upon ______ bank, and payable to ______, has been dishonored. You have 10 days from receipt of this notice to tender payment of the full amount of such check plus a service fee of $_____, the total amount due being $________.
Unless this amount is paid in full within the time specified above, we may turn over the dishonored check and all other information relative to this incident to the York County District Attorney’s Office for potential criminal prosecution.
Closing,
Your name/address
