For varying reasons, certain bad checks may not meet criteria to be eligible for prosecution under this program. Ineligible checks include:
- Two-party checks
- Stop payment checks
- Government checks and warrants.
- Payroll checks (Problems with payroll checks should be submitted to the local office of the California Labor Commission or Industrial Relations Department.)
- Insurance claim checks (Contact the Insurance Commissioner.)
- Checks received out of Kings County. Inquire with the respective county's representatives.
- Checks which have been given to a private collection agency. (Unless the collection agency returned the checks without collecting on them or if the check writer was unlocatable.)
- Rent checks for rent in advance. (Checks for past due rent are acceptable, but may be difficult to collect. You may have to pursue eviction.)
The Check Recovery Unit will do preliminary investigations of alleged forged checks. If after our investigation we determine the check may be forged, we will then forward it to the appropriate law enforcement agency for further investigation. Other checks we will not accept, but you should contact the local law enforcement agency about, include fictitious checks, out-of-state checks and counterfeit instruments.
The following are examples of questionable checks which may be difficult to collect and/or prosecute:
- Checks not presented in person by the writer. (The person who receives the check must witness the signature unless there is a previous business relationship with identifiable records.)
- Checks held for an agreed time. (These constitute credit to the check maker.)
- Checks made for installment payments on secured contracts.
- Post-dated checks. (They constitute a promissory note.)