Hot Checks Section
Filing A Check
Note: Our office will make every effort to collect and/or prosecute hot checks cases. However, due to legal and practical restrictions, there are certain checks that we cannot accept. Please review our "Don't Get Burned" page to make sure that the checks YOU are accepting do NOT fall into these categories.
To File A Check For Collection and/or Prosecution By Our Office, Follow These Steps:
I. NSF Check
- Send the 10 Day Letter demanding full payment within 10 days to the signer of the check.
- (Our office will furnish you the proper, fill-in-the-blank form, or download the Microsoft Word version (click the link and save it to your computer)
- Send the letter 1st Class U.S. Mail (certified is no longer required).
- Wait 15 days and on the 16th day you may file the check.
- You must file the Affidavit of Service and the Worthless Check Affidavit along with the original check or the Legal Copy of the check.
II. Account Closed
III. Obtain a filing Form from the District Attorney
Our office will furnish you with the form, or download the Worthless Check Affidavit
Fast File Affidavit
Fill the form out completely and accurately.
The information must be legible (Note: The PDF form can be filled out in your web browser and printed, if you prefer or simply print the blank form.)
The form must be notarized and can be mailed (Note: Due to the notary requirement, electronic submission is not permitted.)
IV. The bank substitute legal copy must accompany the affidavit
Did You Know?
Filing a check with the District Attorney's Hot Check Department is free.
Our office will file Class C Misdemeanors with the Justice of the Peace on your behalf.
Our office has two handwriting experts to examine handwriting when the person claims that his/her checks are forged.
Our office has three clerical staff members that work checks full time.
The Justice of the Peace can only file a Class C Misdemeanor on a hot check, regardless of the amount.
We will collect the $30.00 merchant fee on all checks (You must have a sign posted that is visible to the check writer.)
We are working on a system that will allow you to file your checks by e-mail (Our office will prepare all the paperwork for you).