Our office will attempt to collect money owed to you that is the result of the insufficient funds/stop payment/account closed check(s) which were returned to you. We only prosecute felony hot check cases, and minimum felony amount is $2,500.
PLEASE NOTE THAT OUR OFFICE CAN PROSECUTE CASES AS CRIMINAL THEFT ONLY WHEN THE CHECK WAS EXCHANGED AT OR ABOUT THE SAME TIME THAT THE GOOD OR SERVICES WERE GIVEN TO THE PERSON WRITING THE CHECK.
In cases where the check was post-dated or where goods or services were provided and then you later received the check based on an invoice you sent to the buyer, you must utilize the remedies available to you in civil court.
In order to begin the collection process, we need you to complete the following steps:
STEP #1) Send a letter to the check writer informing him/her of the dishonored check and demand payment. Send one copy of this letter by certified mail, return receipt requested, and send a second copy of this letter by regular mail. You must include the following language in your demand letter:
“This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. lf you fail to make payment in full within 10 days after the receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution. “
STEP #2) You must fully complete the Worthless Check Information form providing us with all of the information we will need to evaluate the case for criminal presentation to a Grand Jury. Please complete each and every blank on each page, even if your answer is “I do not know.”
STEP #3) If you do not receive payment after 10 days, bring or mail to our office (1) a copy of the demand letter, (2) the original of the copy of the check that the bank returned to you, (3) the original of the post office “green card” and/or the unopened envelopes that the post office returned to you as being undeliverable or unclaimed, (4) the completed Worthless Check Information form, (5) copies of all documentation generated during the sale such was receipt, estimate, invoice, etc., and (6) any letters, emails, or texts from the check writer in response to your demand letter and any notes or memoranda that you made about phone calls or personal discussions with the check writer in response to your demand letter.
NOTE: If our office accepts the case for prosecution, we must be involved in all aspects of the case until final conclusion. If anyone contacts you about paying all or part of the check you must refer them to our office to discuss payment details.
If you have any questions regarding these instructions, please call our office at 325-247-5755.
Download Hot Check Information Packet Here: