• Prepare the Witness Form. Complete those blanks for which you have immediate information. The remaining blanks may be completed later, but prior to the time you send the check and other documents to the Bad Check Program.
• Note: There are two different types of demand for payment forms.
  • Demand for payment - Form A is for checks $4,999.99 or less; a class 1 misdemeanor.
  • Demand for payment - Form B is for checks for $5,000.00 or more; a class 6 felony.
    
• Prepare the appropriate Demand Notice and have it served or sent to the person who wrote or passed the check. DO NOT change the language in the Demand Notice because it is written with language required by law.
  
• The Demand For Payment Notice may be actual notice or notice in writing that is sent by registered or certified mail, return receipt requested, or by regular mail that is supported by an affidavit of service by mailing. Written notice shall be addressed to the issuer at the issuer’s address shown on any of the following:
  
  • The Check.
  • The records of the bank or other draftee.
  • The records of the person to whom the check is issued or passed.
    
• You may select the method of delivery, but it is required that you attempt notice.
  
• If the check is $4,999.99 or less you may hand deliver the demand form and wait 12 calendar days before submitting the check to the Bad Check Program. If sent by regular mail, the law adds 5 days for mailing, so you must wait 17 calendar days from the date of mailing before submitting the check to the Bad Check Program.
• IF the check is $5,000 or more you must wait 60 days before submitting the check to the Bad Check Program.
  
• If you use mail, you should print or type “Address Correction Requested” on the envelope in the event the addressee has moved.
  
• If an individual offers to pay you for their bad checks within the statutory 12, 17 or 60 day period following receipt of the Notice Letter, accept only cash, money orders or cashiers checks. You may also collect a fee for reasonable costs. DO NOT AT ANY TIME ACCEPT PARTIAL PAYMENT FROM THE CHECK WRITER, and DO NOT return the bad check to the check writer until you have received payment in full.
  

• If the check writer does not respond to the Demand Notice, the check may then be submitted to the Pima County Attorney’s Bad Check Program. In doing so, please be certain that all item's on the witness form are completed. If you have a more current address than the address printed on the check, include that address on the witness form.
  
• A Cover Sheet is needed the first time you send in bad checks. You only need to send another Cover Sheet if you change business, address or phone number.
  
• Place the following items in a large mailing envelope.
  
  • One Cover Sheet, regardless of the number of checks you are sending.
  • Original bad checks, certified bank copy or legible copy of front and back of check stapled to the front of the witness form.
  • A Witness Form for each check.
  • Copy of Demand Notice .
  • Unopened envelope if mail is returned.
    

The majority of forms and publications on the Pima County Attorney's web site are in PDF (portable document format). Adobe® provides the free Acrobat® Reader to view and print PDF documents