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Effective: Aug 10, 2015
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Wednesday, Sep 02, 2015
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Don't Get Burned By A Hot Check
The County Attorney's Office is responsible for prosecuting persons who commit misdemeanor crimes, such as Theft by Check, in Johnson County. This information has been prepared to assist individuals and businesses who accept worthless checks in the course of business transactions. The primary purpose of this information is to inform you of the law and the procedures that must be... Read More
We Prosecute Hot Checks
Checks stamped: - INSUFFICIENT FUNDS - ACCOUNT CLOSED - STOP PAYMENT* Following County Attorney's Office hot check procedures aides us in the prosecution of the check writer and the recovery of restitution for you. * There are restrictions on stop payment checks. The check must be given for property and not for a service.... Read More
Checks Which Cannot Be Accepted For Prosecution:
- Forged / Irregular Signatures - Postdated or Hold Checks - Checks Stamped Uncollected Funds or Refer to Maker - Checks Deposited Over 30 Days From the Date of the check   - Checks Written for Payment on Account, Agreement or Contract - Checks Received In the Mail, Checks Where No ID Was Taken, or Checks Where There is No... Read More
Tips to Use When Accepting a Check
1. DATE Checks must be dated on the same date that they are written. Postdated checks cannot be prosecuted. 2. SIGNATURE Do not accept checks that are already signed. Check writer should sign the check in your presence. Signature should match the printed name on the check. 3. COMPLETE ADDRESS AND TELEPHONE NUMBERS This information will assist you in locating and notifying... Read More
Common Tricks Used by Hot Check Writers
- Possesses no identification - Writes a fake driver's license number on the check - Verbally tells you a fake driver's license number - Check writer returns merchandise, asks for a cash refund, on the same day check was written - Two or three party checks - Temporary checks - Writes the wrong date on the check - Talks clerk into holding... Read More
Theft by Check is a Crime
There are two offenses in the Texas Penal Code which can be used in dealing with hot checks: Theft (P.C. 31.03) and Theft of Service (P.C. 31.04). These offenses range from Class C Misdemeanor to Felony of the first degree, depending on the amount of the check. (1) Class C Misdemeanor: if the value of the check is less than $20.00;... Read More
Notification to the Check Writer
The law requires us to be able to prove that the person intended to deprive you of your property or avoid payment for your services. Penal Code Section 31.06 (Presumption for Theft by Check) requires that you give written notice to a person who has given you a worthless check. This notice must be sent to the person by certified... Read More
When you file a Theft by Check complaint with the County Attorney's Office, you are alleging a person committed a criminal offense. If your case goes to court, and the check writer is found guilty, the Judge will usually order the check writer to make restitution to you. Section 3.506, Texas Business and Commerce Code, states that you may add a... Read More
How to Process a Worthless Check Complaint
1. Present the check to the named bank or deposit the check into your bank account. The named bank will stamp the check indicating the reason that the check was not honored. 2. Mail a demand for payment letter (written notice) to the check writer at the address listed on the check. This must be done by certified or registered mail with... Read More
After the Complaint is Filed
The following is a list of steps that are taken after you have filed the check with the County Attorney's Office: 1. Case is reviewed to determine if it can be prosecuted. 2. If the County Attorney's Office cannot prosecute a check, it will be returned to you with a written explanation. 3. County Attorney's Office mails a letter to the check... Read More
Office Statement Concerning Filing Deadline
The Statute of Limitations on a check under the value of $1,500.00 is two years. The County Attorney's Office faces a major problem with checks which are filed, in some cases, as much as 18 months after the check was written. This kind of delay allows the check writer to move on, so their trail is cold. The result is... Read More