Former prosecuting attorney, Peter Carlisle was most concerned about the negative impact of bad checks passed to local businesses.  Millions of dollars are lost every year by merchants as a result of this ongoing problem.  Bad checks affect everyone in terms of higher consumer costs that must be passed on to offset losses, and increased taxes to cover the additional cost for law enforcement and prosecution.

In an effort to combat this serious problem I have organized the bad check restitution program to assist local merchants with bad check losses.  The primary goal of the program is to obtain restitution for the victim without adding to the financial burden of the criminal justice system.

The Bad Check Restitution Program operates in conjunction with American Corrective Counseling Services as a unique, cooperative effort between the private and public sectors.  Merchants in on the City & County of Honolulu benefited because they receive restitution without paying any collection fees.  First time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory, eight hour intervention class, in addition to paying restitution.  All this is accomplished without any cost the taxpayer.

Your interest and appreciation in the special program will benefit all law-abiding citizens and help your business improve its bottom line!

CUTTING YOUR LOSSES IS AS EASY AS 1-2-3

1.  Make personal contact with the check writer; if you are unsuccessful, send a courtesy note.  The check writer has ten days to respond agreed that payment.

2. If you do not hear from the check writer or receive payment, simply contact the Bad Check Restitution Program Toll Free Hotline at 1-800-842-0698 for a complaint form or Download it NOW.

3. Fill out the Bad Check Complaint Form, attach originals (you retain photocopies) of all checks and notification documents, such as return receipts and bank notices, and mail to:

City and County of Honolulu

Prosecuting Attorney

Bad Check Restitution Program

P.O. Box 29250

Honolulu, HI 96820-1650

(postal address only)

If you do not receive restitution within 60 days, contact the Prosecuting Attorney Bad Check Restitution Program

The Bad Check Restitution Program works because...

• Bad check complaints are easy to file and follow-up action is prompt.

• Upon recovery, 100% of the face value of the check is returned to the merchants.

• There's no minimum dollar restriction.

• Bad check offenders must complete an eight-hour education class at their expense

• The program operates at no cost to the county or the taxpayers

How to determine a check's eligibility for the program

A check is eligible if... 

• The amount is no more than $1,500 (or multiple checks not exceeding this limit).  There are no minimum dollar restrictions.

• It was received in the City and County of Honolulu, deposited in a bank in exchange for goods or services presumed "good" at the time of acceptance.

• A "courtesy notice" is sent to check writer allowing ten days to make check good.

• A photo ID (driver's license, military ID, state identification card) was recorded at the time of the transaction.

A check is ineligible if...

• It is post-dated

• Both parties knew they were insufficient funds at the time of transaction

• Is a two party, government, rent, stop payment or payroll check

• The identity of the check writer is unknown

• There's no amount, date, or signature on the check.

• It has not been processed by a bank

• The numeric and written amount on check does not match

• The check involves an "extension of credit" or was payment on an account

Checks ineligible for the Prosecuting Attorney Bad Check Restitution Program may be pursued via small claims court process or by a private collection agency.

A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses.  Accept checks written only with today's date.  Post dated checks are civil matters and are not accepted in the Prosecuting Attorney Bad Check Restitution Program.

Trust your instincts!  If something doesn't seem right, ask questions or ask for another form of payment.  You are not obligated to accept a check.

Download the Bad Check Complaint Form .  To use the form, you must have Adobe Acrobat Reader.  If you do not have Acrobat Reader, go to www.adobe.com and download it for free.