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Many people think that every worthless check is automatically a criminal
offense. This is not true. The person who is familiar with the distinctions
will be better equipped to know when they should or should not accept a
check. In addition, they will know whether to file a criminal complaint
in the District Attorney's Office or a civil suit through their own attorney.
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Under Texas Law, the
District Attorney's Office cannot accept the following
kinds of checks:
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- 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 as a "NSF" check);
- Checks upon which the statute of limitations has run, (2 years on checks
under $1500.00, 5 years on checks over $1500.00);
- Checks not presented to the bank within 30 days from the date written;
- Checks for insurance premiums or service policies, where no claim has been
made and paid on basis of the check, or no agent check for a premium has
been forwarded on basis of the check;
- Checks received through the mail;
- Two party checks, (except payroll checks and only then when the original
payee is available to testify in court);
- Checks presented outside of Tarrant County or for services performed outside
of Tarrant County;
- Checks presented in payment of debts, loans, charge accounts, or other
deferred payment accounts;
- Checks given in payment due to a court order or other judgment, (special
exception for some types of child support checks);
- Checks where no property or services were given in immediate exchange;
- Checks which are altered or forged, (file these with your local Police
Department);
- Checks given in furtherance of an illegal activity.
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Generally speaking, a potentially prosecutable worthless check is one
that is given in the immediate exchange for property or money, or is one
given to induce the performance of a service or in special circumstances
at the immediate conclusion of a service. If you do have one of the types
of checks listed above, please be advised that you may still have certain
remedies available to you under the Civil Laws of the state of Texas. Most
of these checks can be filed in Small Claims Court, (J. P. Court), or you
may wish to seek the advice of an attorney. |
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