Hot Checks
There are certain procedures which must be complied with before this office can accept a “hot check” for prosecution. These procedures are as follows:
Demanding Payment Process:
Even if a driver's license number is pre-printed on the check, the check writer should show their driver's license and employees should write the number with the date of birth on the check. Without this information, our office cannot prosecute the case.
Please remember to inform your employees of the importance of physically looking at and writing the driver's license number on each check.
We do not accept the following checks for collection:
Demanding Payment Process:
- Before you bring the Check to the District Attorney's Office,
- Give written notice to the maker of the check informing them that the check was returned and why. The law now states you do not have to send a certified letter; it may be sent standard mail with an Affidavit of Service filled out and notarized. A copy of the letter that should be sent is available for download.
- You must keep a copy of the letter.
- You do not have to send a letter if the check is returned 'Account Closed'.
- Bring the Check to the District Attorney's Office
- If the check is not paid within 10 business days after the notice was received, then you may bring or send it to the District Attorney's Office for possible prosecution. You must furnish:
- The original check with the bank flag or other proof of dishonor, such as a bank stamp
- A signed postal receipt or returned letter marked refused or unclaimed or an Affidavit of Service form signed and notarized
- A Theft by Check Affidavit filled out completely for each check. You will only need to sign where marked 'Affiant' on second page of affidavit. This does not need to be notarized.
- If the check is not paid within 10 business days after the notice was received, then you may bring or send it to the District Attorney's Office for possible prosecution. You must furnish:
Even if a driver's license number is pre-printed on the check, the check writer should show their driver's license and employees should write the number with the date of birth on the check. Without this information, our office cannot prosecute the case.
Please remember to inform your employees of the importance of physically looking at and writing the driver's license number on each check.
We do not accept the following checks for collection:
- Post-dated, hold, or stop payment checks (unless evidence exists to prove that the stop payment was used to prevent the check from being returned NSF)
- Checks not presented and marked dishonored by the issuer’s bank within 30 days of the issuance date
- Two party checks except payroll checks
- Checks presented outside of Rockwall County
- Altered or forged checks - these need to be filed with the appropriate Police Department