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Solicitor Donnie Myers brings "Worthless Check Program" to Edgefield County

web posted June 7, 2006
Below: Solicitor Donnie Myers
COUNTY – 11th Circuit Solicitor Donnie Myers gave a presentation to the Edgefield County Council about a program his office is overseeing in Lexington County, the Worthless Check Program. Mr. Meyers said, “I’m not asking for money, I’m here to give you money.”

Under the present check laws if a person or business takes a check from an individual and deposits it within ten days and the check is returned the recipient of the check has to take a long arduous process in order to recover the funds. They must prepare a letter, pay for certified postage ($2.79) and file for delivery receipt. Then they have to wait ten days before filing with the local Magistrate in order to obtain a warrant at a cost of $41. From there the recipient must take time away from work to prosecute the case at trial.

Under the Worthless Check Program, the steps are simplified. The check must still be deposited within ten days of it being issued, but if the check is returned the recipient just fills out a simple form and turns the check and the form over to the Solicitors Office. “There is no charge to the victim,” Mr. Myers said.

At that point those working in the program not only collect the bad check but also check to see if the person issuing the check has a criminal background or has other charges pending against them. The workers in the program send the letters, monitor the times, and handle obtaining a warrant is necessary and prosecute the case. “Right now we are collecting about 90%,” Mr. Myers said.

In the previous process the county did not receive any money in a bad check case unless a warrant was issued, at which time the county received in the General Fund the $41 for the warrant. Under the Worthless Check Program, the $41 is collected with or without a warrant being issued. Mr. Myers said that making the penalties imposed are stiff, but it is designed to stop people from writing another bad check.

Under the program the person issuing the bad check has to pay the amount of the check plus the $30 return check fee which is given to the victim. In addition, the person issuing the check also has to pay a $50 fee to the program and $41 to the county, even if a warrant is not issued.

Since the program has been in effect in Lexington County they have received 13,151 and have collect $1,789,045.59. Of that money $918,791.59 was to repay the bad checks and $211,665.00 in service charges, paid to the victims. The $658,589 remaining went to the program and the county. “There is no cost to the public for the service,” Mr. Myers restated.

The total amount of fees paid for each bad check totals $121 plus the amount of the check. Councilman Hudson asked what effect this would have on the Sheriff’s Office and deputies involvement, as under staffing has been an issue. Mr. Myers stated that the Sheriff's Office would be needed to make the arrests when a warrant is issued and if the county wanted to it could designate those funds to the Sheriff’s Office, which assists in the program's operation.

Chairman Monroe Kneece stated that he did not see the need in waiting to discuss the matter and made the motion to get the process started to begin the program in Edgefield County. With a second and a unanimous vote, the council voted to implement the program.

The victims of a bad check would bring the check to a designated area in the courthouse and fill out the short form. That location has yet to be identified though the Clerk of Court's Office was mentioned as a possible filing location.

Mr. Myers stated the program did not want for businesses that have a regular customer that might make a simple banking mistake to use the service. "I've bounced a check myself", Mr. Myers said adding it was to the SC Supreme Court to obtain his law license. Those type cases should be handled between the customer and the business owner.

According to the information provided, someone that writes a bad check for $15 would be liable for payment of  $136 to resolve the issue.


 

 

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