Bell touts his bad check collection program

Brian Seals

Thursday, Feb. 26, 1998 | 10:50 a.m.

Bad checks are a headache for any business owner, but the Clark County District Attorney's office provides some relief for the pain.

Since October 1994, the office has collected more than $8 million in restitution, District Attorney Stewart Bell said Wednesday.

"We file charges against people and we go after them," Bell told members of Business Watch Network during a luncheon at Palace Station. "We collect from the offenders."

When Bell assumed office, the Metro police department was overwhelmed with bad check cases. Now the process bypasses the police department and a designated unit of 11 employees, including an accountant, handles bad check charges.

However, prevention is also emphasized by the department. The bad check unit produces a booklet with tips on how to avoid taking a check with insufficient funds. Among them:

* Beware of checks that have a low check number.

* Do not accept post-dated checks. The district attorney's office will not prosecute those.

* Do not accept pre-signed checks.

* Do not let the signer write their drivers license on the check. The merchant should ask for identification and write the number themselves.

The department pursues checks as low as $25. And even when a check is returned, the first emphasis is on collecting payment before resorting to prosecution. The merchant must first write the check writer a letter requesting payment within 10 days.

If that fails, then the district attorney's office begins its role. After receiving a complaint form and the returned check, the department sends a follow-up letter. If the offender pays all the charges and fees, the process stops there.

"About 10 percent of the people come in and pay right then," Bell said.

If no response comes from that, the actual prosecution begins. While penalties of up to six months in jail and a $1,000 fine are possible, punishment generally involves paying the debt and an education component. Guilty parties must attend classes on personal finance.

"We have almost no recidivism. Most people find it's too much trouble. they don't want to do it again," Bell said.