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Types of Hot Checks County Attorney CANNOT Prosecute

The County Attorney’s Office cannot prosecute the following types of checks: 

  • Irregular or altered signatures
  • Postdated or hold checks
  • Checks that are not marked or flagged “account closed” or “NSF”
  • Checks presented outside Cooke County or for services performed outside of Cooke County
  • Checks deposited over 30 days from the date of the check
  • Checks given as a substitute for another
  • Checks written for payment on account, agreement or contract
  • Checks received in the mail, checks where no ID was taken or checks where there is no witness
  • Checks where no goods, products or services were given in immediate exchange.
  • Checks where the apparent signer cannot be identified as having actually signed and presented the check.
  • Checks under $1500 that are over 2 years old 

It is important to understand that NOT all worthless checks are criminal matters.  However, Even if the County Attorney’s office cannot put together a prosecutable case from a hot check that is submitted to our office, we will still attempt to collect restitution for you as well as the merchant fees as allowed.  If the case is a prosecutable case and our office files it with the court, we will require as a condition of probation agreement that the restitution and the merchant fee be paid. Or if the court agrees, we will have this as a condition of their probation.  Cases are NOT dismissed by the County Attorney’s office, solely because the hot check writer pays restitution or because a victim wishes to drop charges.   Once our office files the case, it will follow normal case procedure.

 

Return to County Attorney Main Hot Check Page

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