D.A. to tone down bad-check letter

The Sonoma County District Attorney's office will change the wording of a letter sent to suspected bad-check writers, following complaints that it's coercive and misleading, the county's top prosecutor said Friday.

"We're in the process of modifying the language," said District Attorney Stephan Passalacqua. "We're trying to devise a letter that is more sensitive."

The Southern California company that runs the District Attorney's bad check restitution program is the target of a federal class-action lawsuit alleging it uses threatening letters and other abusive tactics to make bad-check writers pay up.

The lawsuit charges American Corrective Counseling Services Inc. poses as a law enforcement agency and shakes down frightened consumers for excessive fees.

But Passalacqua and an ACCS executive defended the program Friday, saying it's not aimed at consumers who make honest mistakes.

"The purpose is to ensure merchants receive full restitution and to see that those who write bad checks don't continue the practice," Passalacqua said. "By no means is this intended for individuals who have made honest mistakes."

People who bounce checks have plenty of opportunities to repay the money before the district attorney gets involved, Passalacqua said.

The program gives bad-check writers a chance to avoid court costs, jail time and criminal records, said Kirk Barrus, a vice president at ACCS.

"They should be thrilled, and most are," he said.

ACCS contracts with 200 local district attorneys in the United States to run the program. The private company doesn't abuse its authority when it contacts bad-check writers on behalf of the district attorney, Barrus said.

"This is the district attorney's program," Barrus said. "He has total and complete oversight over everything."

A 72-year-old Petaluma woman complained she received an American Corrective letter in 2005 that appeared to be from the district attorney, warning that she could go to jail and face up to $1,000 in fines for writing a $26.61 bad check.

The letter said she could avoid prosecution by taking part in the restitution program, which includes an education component. The cost was $196.62.

Critics allege such demand letters are misleading because the district attorney's office doesn't review individual cases before they are sent.

The form letter "can be intimidating to people who have had no previous experience with the criminal justice system," Passalacqua said Friday. "We are modifying the letter so it's more sensitive to those individuals."

The district attorney's office will continue using the program because it has reduced the number of repeat bad-check writers, he said.

It also helps merchants cut their losses from bounced checks and frees local prosecutors to pursue more serious cases, Passalacqua said.

You can reach Staff Writer

Steve Hart at 521-5205 or steve.hart@pressdemocrat.com.