Have you received a letter from a "District Attorney Bad Check Restitution Program"? (Sometimes "Prosecuting Attorney" or "States Attorney.")
Consumers filed lawsuits against ACCS, the private company that operated many of these programs, for engaging in unlawful and deceptive debt collection practices. To escape from the lawsuits, ACCS filed a bankruptcy. A new company was formed to operate the ACCS collection business. The new company is named National Corrective Group, Inc. (NCG). Although the name has changed, in our opinion the collection practices appear to be similar. Consumers are receiving the same letters, containing the same threats, and demanding the same excessive fees. On January 4, 2010, a new group of plaintiffs filed a new lawsuit against NCG and other persons and companies allegedly involved in operating the "district attorney bad check restitution programs."
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The letterhead from letters sent by NCG (and previously by ACCS) often look like this (like they are from a District Attorney's office):
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The letter may contain statements that you may be prosecuted if you don't pay all the fees listed and the letter may state that to avoid prosecution, you must pay over $200.00 in fees. It may also contain a link to checkprogram.com which is now operated by NCG.
Click here to view typical letters.
If you have any questions, contact us by e-mail
or toll-free phone 1-888-995-7778. |
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American Corrective Counseling Services, Inc., (ACCS), the private company that operated many of these programs, filed bankruptcy in January 2009 to escape class action suits that were pending in several states. The "bad check restitution business" formerly operated by ACCS is now being operated by NCG. If you have received a letter recently from a District Attorney Bad Check Restitution Program, and you have questions about the letters, you may contact the Law Offices of Paul Arons by e-mail or by phone toll-free (888) 995-7778.
NCG (and previously ACCS) contracts with local prosecutors to operate “Bad Check Restitution Programs,” in which NCG is supposed to collect dishonored checks that were written with criminal intent. NCG does not limit its collection efforts to such checks. In most counties where NCG operates, merchants or debt collectors send unpaid checks directly to NCG, without any prior review by the local prosecutor to determine whether there was criminal intent or any likelihood the check writer would be prosecuted. NCG then send letters like the letters posted on this website. In most cases, a prosecutor had not reviewed evidence to determine whether the check writer has violated the state’s criminal laws by writing the check.
On June 3, 2010, a federal court ruled that in California the two people who controlled ACCS, Don Mealing and Lynn Hasney, had been violating federal and state law by: (1) impersonating the district attorney in its letters, (2) charging a fee for a "diversion" class; and, (3) threatening to prosecute check writers who did not pay for the diversion program. You can see a copy of the court's order here.
Now that NCG is operating these programs, other consumers have filed a new lawsuit against it. You can look at the Complaint in the new lawsuit here.
If you have any questions, contact us by e-mail
or toll-free phone 1-888-995-7778. | |
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