In late October, 2003, President Bush signed into law the ‘Check Clearing for the 21st Century Act’ commonly known as ‘Check 21’ allowing for the truncation of paper checks and authorizing substitute checks.

This means that any bank or financial institution along the check processing line can truncate a check by replacing it with an imaged substitute check. Original processed paper checks will no longer be available to consumers or merchants. For a fee a consumer or merchant can obtain a ‘substitute check’ from their bank.

In order to assist merchants with this additional charge, the District Attorney’s Office will begin collecting the merchant fee of $30.00 for all returned checks written on or after January 1, 2004.

Please contact the Worthless Check Division if you should need any further assistance or clarification. My office is committed to the continued prosecution of Theft by check offenses and looks forward to working with you in this endeavor.
 

Check 21 Frequently Asked Questions

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Q) Why should I pay for a substitute check, why can’t I use the image from my bank statement or on-line banking?
Only the Substitute Check can be used as a legal replacement for the original.  The District Attorney’s Office will begin collecting the merchant fee of $30.00 for all returned checks written January 1, 2004 or after.

Q) When will I get the Merchant Fee?
The Merchant Fee will be included in the restitution check.