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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: |
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A)
The check must be presented to the named bank for payment within 30 days
of the issuance date even if it is known that the check will not be honored; |
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B)
The holder of the check, or their agent, must then
give notice to the writer of the check informing
them that the check was not honored by their bank
and the reason why, (i.e., insufficient funds). (A
copy of this letter should be retained.) The letter
must state that the check writer has 10 business
days after receiving the letter to pay for the
check. ( NOTE: Texas Penal Code Sec. 31.06 requires
a particularly worded paragraph be included in the
letter. See the Notice Letter below.) The written
notice can be sent by registered mail,
certified mail, or telegram with return receipt
requested OR by first class mail with an affidavit
of service attached. (NOTE: A written notice is not
required if the check was originally returned marked
or flagged, "ACCOUNT CLOSED" or "NO ACCOUNT".) |
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If the check is not paid
within 10 business days after the notice is
received or 15 days after the notice is mailed, then it may be brought to the District
Attorney's Office for possible prosecution. The
information to the District Attorney's Office may be mailed or furnished in person, but
it MUST INCLUDE: |
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- The original or
substitute check (see check “21” for description)
with the bank flag or other proof of dishonor such
as a bank stamp.
- A signed postal
receipt showing the deliver to the check writer if
the notice letter was sent certified mail or the
complete returned letter.
- A copy of the
notice letter sent to the check writer. If the
letter was sent via first class mail, an affidavit
of service must be attached.
- The complete first
and last name of the person who accepted the check.
- A description of
the person who issued the check, including any
identification obtained such as a drivers license
number, date of birth, physical description. This
can not include information obtained after the check
was received via internet search.
- Details describing
the transaction for which the check was given.
Include an invoice or receipt for any check over
$300 if available.
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