A bogus check is a check that is returned due to insufficient funds, it was drawn on a closed/nonexistent account.

A check enters the system when a merchant or citizen submits the check along with a merchant form and a signed and notarized affidavit. The check must fall under the guidelines of a false and bogus check as outlines in the bogus check statute. 

The District Attorney’s Office will provide you with the necessary forms and is happy to advice you on check acceptance practices that will maximize our ability to recover as much of your lost revenue as possible. We are also available to speak to groups or clubs to explain the Bogus Check Program.

This program is available to the merchant FREE OF CHARGE. In fact, the law allows the Bogus Check Division to collect the amount of the check plus a $25 fee for the merchant and any bank fee charged to the merchant. 

This program is solely funded by the fees assessed to the bogus check writers.

Payouts are made monthly. These payouts may be for partial amounts of what is owed, or they may be the full amount. 

If you have multiple checks submitted to our office, the check will include payments on all accounts received during the prior month. A statement listing the person(s) and amount paid to each account will accompany the payment.

If you receive notification that you have had a check turned into our office for collection, it is imperative that you contact us as soon as possible to pay the check and fees in full or set up a payment arrangement. Once a check has been submitted to us for collection you can no longer make payment directly to the merchant. Failure to act promptly could result in your file being screened for criminal charges.

Payments may be made in person or by mail at the District Attorney’s Office in Cleveland, McClain, or Garvin counties. You MAY NOT pay by personal check or cash. Be sure that your payment is clearly identified with your name and type of payment (i.e. bogus check, 991 costs, etc.). Our office receives several types of payments, so be sure it is clear where the payment should be applied. 

You can also make payments through www.allpaid.com.

If the check was written on or before the date(s) of the checks already submitted to the program, they will be added into your current payment plan. If they are written after that date, your restitution agreement will be terminated and your file will be submitted for screening for criminal charges.

Restitution agreements are designed to allow check writers to pay off the checks and avoid criminal charges. Failure to follow your restitution agreement will result in your case being submitted for screening for criminal charges. If charges are filed and the amount of the check(s) is under $1000, you will be charged with a misdemeanor. If the amount of the check(s) is $1000 or more, you will be charged with a felony. When charges are filed, a warrant is issued for your arrest. 

If you are convicted on the bogus check charge, the judge will likely order restitution on the checks as part of your sentence. Our office also collects these court-ordered restitution payments. In addition to bogus check restitution, defendants are required to pay court costs to the Court Clerk’s office.

1. Always ask for a current ID (preferably a photo copy), get the Driver’s License Number, Date of Birth, and Expiration Date
2. Make sure the check has today’s date on it and not a past or future date
3. Don’t agree to hold the check
4. The check should be signed in your presence
5. Print the name of the signer if it is a business check or if you are unable to read the check
6. Make sure it is not a payroll check or a two-party check
7. Record all numbers, letters, and state information if the ID is from a different state