Saturday's Internet Edition, May 17, 2008.
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He has a reason to be happy.
In 2007, the program collected $315,318.10 in restitutions, merchant fees and state fees recovered — based on results that Frank recently released. The program, designed to allow a victim of a worthless check to collect restitution in a more efficacious manner, has totaled $477,704.76 since its inception.
“If we collect the money for the victim before a warrant is issued it is not on the docket,” Frank said in a phone interview Thursday. “[Therefore, it doesn’t take] up court time and knock more serious matters off the priority list for trial.”
In 1997, the North Carolina General Assembly passed legislation to establish pilot programs for worthless checks in Columbus, Durham and Rockingham counties. The services of the Davidson County Worthless Check Program are free to victims.
“It’s been extremely successful and most of my contemporaries around the state believe that is an asset to the citizens because usually the criminal prosecution route does not provide sufficient redress to the victim of the check,” Frank said. “It’s a needed tool.”
Davidson County Worthless Check Program Coordinator Mitzi Myers said the program is saving the taxpayers money by keeping matters off the docket. The money that is collected from the program is helping other Worthless Check Programs around the state.
“We knew this program would work because we knew there was a need,” Myers said. “The dockets were so heavy with check cases.”
Here is how the Worthless Check Program operates.
• The check taker first attempts to collect for the check by sending a certified letter to the check writer, giving them 10 days to respond.
• After 15 days, if the check writer has failed to respond, the matter might be referred to the Worthless Checks Program.
• The district attorney’s office will then send a letter to the check writer that explains the program and how to participate. The check writer is then given 30 days to respond.
• If the check writer chooses to take advantage of the opportunity, they must bring or mail the full restitution amount, the program fee, and the payment form to the clerk of superior court’s office by the due date.
• The clerk’s office receipts the restitution and the program fee. The restitution is then mailed out to the victim. The program is placed in the collection for Worthless Checks fund to be forwarded to the administrative office of the courts. This program fee is used to continue funding the program.
• If no response is received, criminal process might be issued.
• Once criminal process has been issued, it is not necessary for the victim to appear in district court unless notified by the district attorney’s office.
• After a victim refers a check to the Worthless Check Program, the victim may not accept restitution directly from the check writer. The check writer must be referred directly to the district attorney’s office.
For more information on the Worthless Check Program, contact Myers at the district attorney’s office at 249-0373.
Staff Writer Darrick Ignasiak can be reached at 472-9500, ext. 231, or ignasiak@tvilletimes.com