Time was when a man's word was as good as his bond. But nowadays, even the
signatures of many persons are worthless - especially to retailers who are
stuck with bad checks.
This manual offers suggestions that should be helpful in keeping bad
checks out of the cash registers of small stores. For example, the key
items on a check should be examined closely because they can tip off the
owner-manager to a worthless check. Your procedures should also include a
dollar limit on the size of checks you will accept and the type of
identification necessary to back up the signature or endorsement. In
addition, it is profitable to review with employees the checks which the
bank refuses to honor.
A neatly dressed stranger pays for her groceries with a payroll check
issued by a company in a nearby city. In the next few hours, she does the
same thing in several other food stores. In another community, a
middle-aged man pays for a pair of shoes with a Government check. He moves
to other stores and cashes several more Government checks.
In a third city, a well-dressed woman pays for an expensive dress with a
blank check. "I need a little pocket cash," she says. "May I
make the check for $20 more?" The salesclerk agrees, never suspecting
that the customer does not have an account in any bank. Tomorrow, these
three con artists will work in other communities.
The specialist in payroll checks will fill out blank ones which she has
stolen. The passer of Government checks is also a thief. He steals Social
Security checks, tax re-fund checks, and so on from individual mail boxes.
"Blank check" Bessie will hit her victim after the banks have closed.
These three, and others who pass worthless checks, are clever. They live
by their wits and are often glib talkers. But they are not so clever that
you can't outwit them.
TYPES OF CHECKS
Winning the battle of wits against bad-check passers is largely a matter
of knowledge and vigilance. You have to know what you're up against, pass
the information on to your employees, and be constantly on guard when
accepting checks. You are apt to get seven different kinds of checks:
personal, two-party, payroll, Government, blank, counter, and traveler's.
And some customers may offer money orders.
A Personal Check is written and signed by the individual offering it. The
individual makes it out to you or your firm. A Two-Party Check is issued
by one person, the maker, to a second person who endorses it so that it
may be cashed by a third person. This type of check is susceptible to
fraud because, for one thing, the maker can stop payment at the bank. A
Payroll Check is issued to an employee for wages or salary earned. Usually
the name of the employer is printed on it, and it has a number and is
signed. In most instances "payroll" is also printed on the check. The
employee's name is printed by a check writing machine or typed.
In metropolitan areas, you should not cash a payroll check that is
handprinted, rubber stamped or typewritten as a payroll check, even if it
appears to be issued by a local business and drawn on a local bank. It may
be a different story in a small community where you know the company
officials and the employee personally.
A Government Check can be issued by the Federal Government, a State, a
county, or a local government. Such checks cover salaries, tax refunds,
pensions, welfare allotments, and veterans benefits, to mention a few
examples. You should be particularly cautious with government checks.
Often they are stolen and the endorsement has been forged.
In some areas, such thievery is so great that some banks refuse to cash
Social Security, welfare, relief, or income tax checks, unless the
customer has an account with the bank. You should follow this procedure
also. In short, know your endorser.
A Blank Check, sometimes known as a universal check, is no longer
acceptable to most banks due to the Federal Reserve Board regulations that
prohibit standard processing without the encoded characters. This
universal check may be used, but it requires a special collection process
by the bank and incurs a special cost.
A Counter Check is still used by a few banks and is issued to depositors
when they are withdrawing funds from their accounts. It is not good
anywhere else. Sometimes a store has its own counter checks for the
convenience of its customers. A counter check is not negotiable and is so
marked.
A Traveler's Check is a check sold with a preprinted amount (usually in
round figures) to travelers who do not want to carry large amounts of
cash. The traveler signs the checks at the time of purchase and should
counter-sign the check only in the presence of the person who cashes them.
In addition, a Money Order can be passed as a check. However, a money
order is usually sent in the mail. Most stores should not accept money
orders in face-to-face transactions. Some small stores sell money orders.
If yours does, never accept a personal check in payment for money orders.
If the purchaser has a valid checking account, why does he or she need a
money order? The check is possibly no good.
LOOK FOR KEY ITEMS
A check carries several key items such as name and location of bank, date,
amount (in figures and spelled out), and signature. Close examination of
such key items can sometimes tip you off to a worthless check. Before
accepting a check, look for:
Non-local Banks. Use extra care in examining a check that is drawn on a
non-local bank and require positive identification. List the customer's
local and out-of-town address and phone number on the back of the check.
Date. Examine the date for accuracy of day, month, and year. Do not accept
the check if it's not dated, if it's post-dated, or if it's more than 30
days old.
Location. Look first to be sure that the check shows the name, branch,
town and State where the bank is located.
Amount. Be sure that the numerical amount agrees with the written amount.
Legibility. Do not accept a check that is not written legibly. It should
be written and signed in ink and must not have any erasures or
written-over amounts.
Payee. When you take a personal check on your selling floor, have the
customer make it payable to your firm. Special care should be used in
taking a two-party check.
Amount of Purchase. Personal checks should be for the exact amount of the
purchase. The customer should receive no change.
Checks Over Your Limit. Set a limit on the amount - depending on the
amount of your average sale you will accept on a check. When a customer
wants to go beyond that limit, your salesclerk should refer the customer
to you.
Low Sequence Numbers. Be more cautious with low sequence numbers.
Experience indicates that there seems to be a higher number of these
checks that are returned. Most banks who issue personalized checks begin
the numbering system with 101 and numbering sequence when a customer
reorders new checks.
$$$ Amount of Check. Most bad-check passers pass checks in the $25 to $35
range on the assumption that the retailer will be more cautious when
accepting a larger check.
Types of Merchandise Purchased. Be watchful of the types of merchandise
purchased. Random sizes, selections, lack of concern about prices by
customers, should indicate to you that a little more caution should be
exercised when a check is offered as payment.
REQUIRE IDENTIFICATION
Once you are satisfied that the check is okay, the question is, "Is the
person holding the check the right person?" Requiring identification helps
you to answer the question. But keep in mind that no identification is
foolproof. A crook is a crook no matter what type of identification you
ask to see. If the person wants to forge identification, he or she can.
Some stores demand at least two pieces of identification. It is important
to get enough identification so the person presenting the check can be
identified and located if and when the check turns out to be worthless.
The following types of identification should be useful in determining the
type to use in your store.
Current Automobile Operators License. If licenses in your State do not
carry a photograph of the customer, you may want to ask for a second
identification.
Automobile Registration Card. Be sure the name of the State agrees with
the location of the Bank. If it doesn't, the customer should be able to
explain why they don't agree. Also make sure that the signatures on the
registration and check agree.
Shopping Plates. If they bear a signature or laminated photograph,
shopping plates or other credit cards can be used as identification. The
retail merchants' organization in some communities issues lists of stolen
shopping plates to which you should always refer when identifying the
check passer.
Government Passes can also be used for identification in cashing checks.
Picture passes should carry the name of the employing department and a
serial number. Building passes should also carry a signature.
Identification Cards, such as those issued by the armed services, police
departments, and companies, should carry a photo, a description, and a
signature. Police cards should also carry a badge number.
Several types of cards and documents are not good identification. Some of
them (for example, club cards) are easily forged, and others (for example,
customer's duplicate sales-checks) were never intended for identification.
Unless they are presented with a current automobile operator's license, do
not accept the following:
- Social Security Cards
- Business Cards
- Club or Organization Cards
- Bank Books
- Work Permits
- Insurance Cards
- Learner's Permits
- Letters
- Birth Certificates
- Library Cards
- Initialed Jewelry
- Unsigned Credit Cards
- Voter's Registration Cards
- Customer's Duplicate Cards
Some large stores photograph each person who
cashes a check along with the identification. This procedure is a
deterrent because bad-check passers don't want to be photographed. Some
stores, when in doubt about a check, will verify an address and telephone
number in the local telephone directory or with the information operator.
Someone intending to pass a bad check will not necessarily be at the
address shown on the check. If the address and telephone number cannot be
verified, the check should be considered a potentially bad check.
COMPARE SIGNATURES
Regardless of the type of identification you require, it is essential that
you and your employees compare the signature on the check with the one on
the identification. You should also compare the person standing before you
with the photograph and or description on the identification.
You should set a policy for cashing checks, write it down, and instruct
your employees in its use. Your policy might require your approval before
a salesclerk can cash a check. When all checks are handled alike,
customers have no cause to feel that they are being treated unfairly. Your
procedure might include the use of a rubber stamp. Many stores stamp the
lower reverse side of a check and write in the appropriate information.
Here is a sample of such a stamp:
Salesperson - Name and No. _________________________
Auth. Signature ___________________________________
Customer's Address ________________________________
Home Phone ___________ Business Phone ____________
Ident. No. 1 ______________________________________
Ident. No. 2 ______________________________________
Dept. No. ______________ Amount of Sale ____________
Take Send COD Will Call
Your policy might also include verifying a check through the bank that
issued the check. Some banks will do this only if you are a depositor in
the bank. It might be helpful to establish business accounts in several
banks, particularly where many of your customers have accounts.
You may want to verify a check through a check verification service.
Should you contract with such a service or if you receive lists of
bad-check passers, ask the service to show you proof from the Federal
Trade Commission that their service is in compliance with the Fair Credit
Reporting Act.
Employee apathy toward accepting checks is a big reason why stores get
stuck with bad checks. The bigger the store, the more difficult it is to
keep employees interested in catching bad checks. One effective way is to
show employees your bad checks.
REFUSING A CHECK
Review your policy and procedure on check cashing frequently with your
employees. Remind them of what to look for to spot bad checks. You are not
obligated to take anyone's check. Even when a stranger presents
satisfactory identification, you do not have to accept the check.
In most cases, you accept a check when the customer has met your
identification requirements. You want to make the sale. But never accept a
check if the person presenting it appears to be intoxicated. Never take a
check if the customer acts suspiciously. For example, the customer may try
to rush you or your employees while you are checking identification.
Never take a check that is dated in advance.
Never discriminate when refusing a check. Don't tell a customer that you
can't accept a check because he or she is a college student or lives in a
bad neighborhood etc. If you do, you may be in violation of a State or
Federal law on discrimination.
WHAT CAN YOU RECOVER?
Whether or not you recover any money lost on a bad check depends on the
person who gave it to you. He or she may be one of your best customers who
inadvertently gave you a check when the funds in his or her bank account
were insufficient. On the other end of the scale, he or she may be a
forger. Once you are stuck with a bad check, here are some of the
situations you face.
Insufficient Funds.
Most checks returned because of insufficient funds clear the second time
you deposit them. Notify the customer that his or her account is overdrawn
and that you are re-depositing the check. But if the check is returned a
second time, in the localities, it is the retailer's collection problem
and you must try to get the maker to honor the check by paying
immediately.
You should check the practices of your bank. In some areas, for example,
after a second return for insufficient funds, the bank will not let you
re-deposit the check. It is your collection problem. Some stores prosecute
if the customer does not redeem such a check within a week of the second
return. Stores with a reputation for being easy-going about insufficient
funds checks usually get plenty of them.
The procedure for prosecution depends on the State. In one jurisdiction,
for example, a merchant must send the check writer a certified or
registered notice of an intention to prosecute. The bad-check writer then
has five days from date of receipt of that notice to comply before the
merchant can prosecute. In another jurisdiction, the maker has five days
after the date of notice to make the check good. In a third, a resident
has ten days to make good on the check.
No Account.
Usually you've lost when the bank returns a check marked "no account."
Such a check is evidence of a swindle or a fraud unless there has been an
extraordinary error. In rare instances, a customer may issue a check on
the wrong bank or on a discontinued account. You should quickly determine
what the circumstances are. If the person is known in the community,
proceed with your collection efforts. If you find yourself "stuck" with
the check, call your police department.
Closed Account.
A check marked "closed account" is a warning of extreme carelessness or
fraud. Accounts are closed by both individuals and by banks. The latter
may close an account because of too many overdrafts. An individual may
open a new account by removing funds from an old account. In such case,
the individual may forget that he or she has issued a check that is still
outstanding against the old account.
If you don't get your money back within a reasonable time, you should
consider prosecuting the check writer.
Forgery.
Forged checks are worthless - a total loss to you.
Watch out for smudged checks, misspelled words, poor spacing of letters or
numbers indicating that changes may have been made. Payroll checks with
the company's name and address typed in could be fraudulent. Most payroll
checks are printed.
When you suspect forgery, call the police. Thus, you can help yourself and
others against further forgery. Refer a U.S. Government check to the field
office of the U.S. Secret Service. Check with your lawyer about court
collection practices in your area. In the Washington. D.C. area, for
example, merchants cannot collect through the courts on bad checks used to
pay on an open account. The reason is: The merchant still has the account
and no injury was suffered through the issuance of the check. The account
may be collectable through the usual civil procedures used for collection
purposes.
Any alteration, illegal signature (s) of the maker of the check, a forgery
of the endorsement, an erasure or an obliteration on a genuine check is a
crime. A bad check issued to pay for merchandise is not a theft but a
misdemeanor. It is an exchange - the checks for goods. A misdemeanor
carries a lighter penalty than a theft since a check may be collectable
through civil procedures. Criminal action may be taken through signing a
formal charge with the police.
A forged check transported in interstate commerce is a Federal offense.
Get Evidence. You cannot prosecute bad-check passers without good
evidence. The person who cashed the bad check should be positively
identified and connected with the receiving of money for it.