There are certain procedures which must be complied with before this office can accept a “hot check” for prosecution. These procedures are required by law and are as follows:
- A notice letter must be sent to the check writer, allowing ten business days from the receipt of the letter to make restitution. The notice letter MUST contain the required wording of the Texas Penal Code Sec. 31.06 (See below for ‘Notice Letter’ form)
- A notice letter may be sent via certified mail or first class mail with affidavit of service (See below for `Affidavit of Service’ form)
- A notice letter is not required for checks returned “account closed,” “no account found” or “unable to locate.”
After expiration of the notice period, you may mail or bring the following to our office to file a complaint:
- Three copies of the completed complaint form (See below for ‘Complaint Form’)
- The original returned item from the bank with proof of reason for return
- The original signed postal receipt or affidavit of service
- Copy of the notice letter sent to the check writer
- The copy of an invoice or receipt describing the transaction
- The location where the check was presented
- Description of the person presenting the check, including any identifying information obtained at the time the check was presented. Information found after the transaction or received through an Internet search may not be included.
- The first and last name of the person accepting the check and whether they could identify the check writer in court.
The Tarrant County Criminal District Attorney’s Office utilizes special forms that must be completed by the hot check victim when filing checks with the office. By clicking on the links below, you may open and save a copy of these forms. The forms must be fully read, sworn to and signed before a Notary Public. If filing your complaint in person, our office can provide this service. If filing your complaint in the mail, we prefer you send your complaint form and all evidence via certified mail.