Bad Checks & Check Fraud
There are times when even the most scrutinized checks fall through the cracks and a business is stuck with a bad check. There are several options available, including the Bad Check Restitution Program.
District Attorney’s Bad Check Restitution Program
Certain guidelines must be met in order to participate in this program. This program will seek restitution for the merchant, but keep in mind there are no collection guarantees.
The Tustin Police Department has the Orange County District Attorney's (OCDA) Office Bad Check Complaint forms at our front counter. The Police Department is located at:
300 Centennial Way
Tustin, CA 92780
You can also obtain these forms, and any additional information, from the OCDA Bad Check Restitution Program.
Checks Eligible for a Tustin Police Crime Report
- Check is forged or stolen (any dollar amount)
- Check is “account closed,” “NSF,” “return to maker,” “unable to locate,” and exceeds the dollar amount for the OCDA check restitution program (refer to the OCDA website for additional information).
- Date on check is not older than 90 days
- California driver's license or identification card presented when check is passed
Civil or Non-Prosecutable Checks
Certain checks are not eligible for criminal prosecution or the OCDA Restitution program and must be handled through the civil court process. The following types of checks must be handled in the civil court system:
- Stop payment stamped on face of check
- Government checks (welfare or tax returns)
- Payroll checks (handled by state labor board)
- Any check without some evidence of bank handling
- Promissory notes or any extension of credit given
- Post-dated or pre-dated checks or checks held for an agreed period
- Any check previously handled by a collection agency
- Any check written as a payment to an ongoing account
- Out-of-state checks
- Non-personalized (name must be printed on check by bank)
- Rent checks with civil dispute
- Accepting party unknown (need name of person accepting check)
- Two party checks
- Checks not submitted in person (checks received by mail)