Bad Check Program
Merchants in the County of San Luis Obispo lose thousands of dollars each year due to bad checks and fraud. When businesses are forced to raise prices to cover these losses, consumers bear the cost of this criminal activity.
The District Attorney’s Bad Check Program is the primary investigative unit for all checks passed on insufficient funds and closed accounts in the County. Our program has several objectives.
The first and most important objective is to collect restitution for the victims of bad checks. A second objective is to save valuable police time and centralize bad check information. Our third objective is to educate the bad check writers through our diversion program.
The District Attorney will prosecute bad check writers who do not comply with the diversion program if the victim has followed proper procedure when accepting checks for goods or services.
Since its creation in 1989, the Bad Check Program has recovered over $11 million in restitution and fees.
What is the process?
How to Use the Program
Any person who receives a bad check is eligible to participate in the Bad Check Program if the following conditions are met.
- Check was passed in San Luis Obispo County or received by mail in this county.
- Check must come back to the recipient stamped non-sufficient funds or account closed.
A non-sufficient fund check must be submitted to the bank TWICE before referring it to the program. Account closed checks need only be submitted to the bank once.
Victims must complete a Bad Check Complaint form. The form is available on our web site or by calling the Bad Check Program. Please provide as much information as possible about the check writer. If you’re a business, please identify the name of the employee who accepted the check in the witness section of the complaint. Please provide all documentation pertaining to the check you accepted. (Invoices, applications for service, receipts, video footage-anything that will help identify the check writer)
Our office will ONLY accept the original “Check 21” or “Substitute” check copy returned to you by your bank. We cannot accept photocopies. Call if you have questions about Check 21 guidelines.
Checks must be submitted in a timely manner. Preferably within 30 days of being returned
Please retain a copy of the check for your records. If you were charged fees from your bank for handling the check, please enclose a copy of your statement reflecting those fees. We will collect a maximum of $15 in bank fees.
Once the check is submitted to the District Attorney's Office, please do not accept payment from the check writer. The check writer must make payment directly to the District Attorney's Office.
Bad Checks must be mailed to the office and cannot be walked in at this time. Mail to 1050 Monterey St Rm223, SLO, CA 93408
Ineligible Checks
- Checks passed outside of San Luis Obispo County
- Agreement to hold checks (This represents an agreement between the check writer and the merchant that the check will not be deposited until after a certain date).
- Post-dated checks or two party checks.
- Checks that come under these various areas are often referred to Small Claims Court and are considered civil matters.
Police Referrals
- Forged checks
- Stolen checks
- Fraudulent or Fictitious checks
- Traveler’s checks
- Money orders
If you are unsure whether the check you possess is eligible for the program, please contact the Bad Check Program at 781-5896 for information.
Who is eligible?
Any person who receives a bad check is eligible to participate in the Bad Check Program if the following conditions are met:
- Check was passed in the County of San Luis Obispo or received by mail in this County.
- Check must come back to the recipient stamped non-sufficient funds or account closed.
When and where is this service offered?
This service is available throughout the year during regular business hours. The SLO Office at the County Courthouse Annex remains closed to the public to prevent the spread of the Corona virus. You must call and leave a message and your call will be returned. Thank you for your patience during this time.
Location, directions and hours of operation
Click on location name to show hours of operation, directions and phone information
Monday - Friday 8-5
1035 Palm Street
San Luis Obispo, CA 93408
District Attorney Main Office: (805) 781-5800
Victim Witness Assistance Center: (805) 781-5821
Bad Check & Small Claims Advisory: (805) 781-5800
FAQS
No. However, we can collect fees you were charged by your bank (up to $15.00).
There is no fee to victims. The check writer is charged a $50.00 administration fee and a $75.00 diversion class fee.
100% of the check amount is returned to victims.
Checks must be at least $1.00
Yes. This is a check written on a closed account.
Yes. When we receive a stop payment check we request bank records to determine whether there were funds in the account at the time the stop payment was placed. If there were insufficient funds, we treat the check as NSF. If there were funds in the account, the check would be returned to you and you may pursue a civil judgment through the small claims court.
The victim may pursue a civil judgment through the Small Claims Court.
Holding a check for a period of time, or allowing someone to date it purposefully for another date other than the date it is passed, makes the check a civil agreement between parties.
The Bad Check Program is a diversion program. We must give the check writer an opportunity to pay for their bad check.
