The Solicitor’s Worthless Check Program was established to assist Lexington County merchants and citizens in the collection and prosecution of worthless checks. Millions of dollars are lost every year by merchants as a result of worthless checks. These losses are invariably passed on to consumers through higher prices. Theft with a pen is more subtle than theft with a weapon, but it is still theft—and it is your loss. Now is the time to call a halt to worthless check fraud!

Contact

Debbie Hester, Director
(803) 785-8142 
CheckUnit@lexingtoncounty.sc.gov

Worthless Check Unit Program Information

What is the Worthless Check Program?

The Solicitor’s Worthless Check Unit collects monies on bad checks and distributes restitution to the victims. The Program transfers the collection process from the victim to the Solicitor’s Office, eliminating the victim’s work and cost associated with collections. The traditional prosecution of worthless checks is still the law. Participation by a victim in the Worthless Check Program is FREE, but optional.

The Worthless Check Program is self-sustaining under the control and supervision of Solicitor Hubbard’s Office and is supported through cooperation of the judicial, law enforcement, County Council and community service agencies. Operational costs are recovered from the offenders, not the victim.

Upon full collection of a worthless check, Solicitor Hubbard's Office will send a check to the victim for the full amount of the check plus all legally approved service charges.

Collection Procedure

When you receive a worthless check and it meets the legal requirements, you can submit the check and the Victim/Vendor Worksheet form to the Office of Solicitor for collection. This relieves you of the burden of the traditional collection and prosecution process.

The Solicitor’s Worthless Check Unit will contact the check writer, collect and disburse restitution to the victim. If restitution is not made pursuant to the requirements of the program, the check writer will be prosecuted to the fullest extent of the law.

Caution: Once you submit a worthless check to the Worthless Check Unit, DO NOT ACCEPT PAYMENTS IN ANY FORM FROM THE CHECK WRITER. This may void collection and prosecution efforts. All contacts with the check writer must be made through the Worthless Check Unit after submission of a check. 

Prosecution Procedure

When the Worthless Check Program receives a worthless check complaint and restitution is not made in accordance with the legal requirements, a criminal charge will be filed. The Office of Solicitor has full statutory discretion concerning the prosecution of your worthless check complaint.

Before accepting a check...

All the above information is very beneficial in the collection and prosecution of a worthless check, but is not required.

- Make sure the check is signed in your presence 
- Make sure the date and amount are correct 
- Request a drivers’ license/ID and record the number and the issuing state 
- Compare drivers’ license/ID address and address on check; note sex and race 
- Request a date of birth 
- Request and verify a physical address if check denotes PO Box 
- Request a place of employment and a telephone number 
- For third party checks (i.e. payroll), obtain the person's name who signed the check 

Program Requirements

Checks qualify if:

- Given for labor (payroll checks) or personal services 
- Given in payment of 
     - Merchandise 
     - Cash 
     - Services 
- All checks must be deposited within 10 days of receipt. 
- Returned by the bank because of 
     - Insufficient funds 
     - Account closed 
     - Stop payment

Note: Checks should be submitted to the Worthless Check Unit for collection with the completed complaint forms within twenty (20)days of the date the check was presented to you.

Checks do not qualify if:

• Post dated check 
• Agreement to hold check at the time of the transaction 
• Victim had reason to believe check was no good upon receipt 
• Forgery: 
• Stolen checks 
• Fictitious account 
• Signature irregular

Checks that do not qualify under this program may be in violation of another law (i.e. forgery) and will be prosecuted pursuant to the appropriate statute.

Payment to Victims

 When full restitution for a worthless check is made, the payment will be sent directly to you at the address specified on the complaint form. If you have a change of address, please remember to notify our office. You are entitled to receive the full face value of the worthless check and any statutorily approved service charges as a result of the worthless check.

S.R. Hubbard III 
SOLICITOR’S OFFICE
WORTHLESS CHECK UNIT

205 East Main Street
Suite 105 
Lexington, South Carolina 29072
(803) 785-8142

(Mailing Address:)
P. O. Box 1649
Lexington, South Carolina 29071
Email: CheckUnit@lexingtoncounty.sc.gov