Cooke County Texas

If the check is an NSF Check:
1.       Send a letter to the person who signed the check, to the address on the check.  A sample fill-in-the blank letter is available here. 
        2.       You have the choice to send the letter to the check writer by certified mail or you can send the letter by regular mail and then                                  complete an affidavit of service, have it notarized and then send this form to our office.
3.       Wait ten (10) days to file the check with the County Attorney’s office.
4.       When the check is filed with our office you will need to file the following documents:
a. Both the original check, or a Substitute Check obtained from the bank;
b. Affidavit of service (you can download here), the green card from Certified Mail OR the unopened letter if mailed certified. 
c. Worthless Check Affidavit (which you can download here).
d. Copy of the letter you sent to the hot check writer.

     If the check was written on a closed account:
1. No notice by certified mail or otherwise is required.
2. File the original check or a Certified copy of the check obtained from the bank to the County Attorney’s office along with the Worthless                      Check Affidavit (download here)

• 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.

Our office will accept a legal copy of the check, which is called a “Substitute Check”. This is a digital copy of the front and back of a paper check that provides the same legal protections and obligation as the original, including serving as proof of payment. Using digital copies allows banks to process payments faster and more efficiently than they could in the past.

Your bank may send you substitute checks but is more likely to provide either a line item statement or an image statement that has photocopies of the fronts and backs of cancelled checks grouped on a page. These are NOT substitute checks. If you need an actual copy of a substitute check it can be requested from the bank, who will probably charge you a fee for this service.

Substitute checks from your bank are the only exception to the requirement that the County Attorney’s office have the original check for collection and prosecution of a hot check case.

Because of this fee, our office is collecting the full $30.00 merchant fee on all returned checks. This will allow the Merchant to cover the added expense of obtaining the Substitute check from the bank.

• DATE - Checks must be dated on the same date they were written. Postdated checks cannot be prosecuted.
• SIGNATURE - Do not accept checks that are already signed. Check writers should sign the check in your presence. Signature should match the printed name on the check.
• COMPLETE ADDRESS AND TELEPHONE NUMBERS - This information will assist you in locating and notifying the check writer if the check is worthless.  P.O. Boxes are not adequate.
• CONFIRM IDENTITY - It is essential that you obtain valid picture ID (Driver's License or ID Card) from the check writer. Verify that the ID matches the check writer.  Record the ID number, race, sex, and date of birth from the ID.
• WRITTEN AMOUNT AND NUMBERS MUST CORRESPOND - Checks with discrepancies in amounts can not be prosecuted. 
• IDENTIFY WHO ACCEPTED THE CHECK - The clerk who accepts the check should write their initial on the check. It is essential that we have a witness to prove the identity of the check writer

• Possess no identification, temporary, expired or out of state driver’s license
• Department of Public Safety ID card (these are intended for the senior citizens & disabled)
• Writes a fake driver’s license number on the check
• Verbally tells you a fake driver’s license number
• Check writer returns merchandise, asks for a cash refund, on the same day check was written
• Two or three party checks
• Temporary checks OR Starter checks
• Writes the wrong date on the check
• Talks clerk into holding check or postdating the check
• Third person presents the check to the clerk
• Out of Town or out of state checks
  
  
  

Theft by Check IS a Crime

There are two offenses in the Texas Penal Code which can be used in dealing with hot checks: Theft (P.C.31.03) and Theft of Service (P.C.31.04).  These offenses range from Class C Misdemeanor to Felony of the First Degree, depending on the amount of the check.

     (1)  Class C Misdemeanor: if the value of the check is less than $20.00; punishable by a fine not to exceed $500.00
     (2)  Class B Misdemeanor: If the value of the check is $20.00 or more but less than $500.00; punishable by a fine not to exceed $2,000.00   or 180 days in jail or both.
     (3)  Class A Misdemeanor: If the value of the check is $500.00 or more but less than $1,500.00; punishable by a fine not to exceed $4,000.00 or 1 year in jail or both.
     (4)  Felony of the First Degree: All check that exceed $1,500.00; these cases are referred to the District Attorney’s Office.

For information on the items below, please call the County Attorney's Office at 940-668-5459.

• Notification to the Check Writer
• Affidavit of Service by Mail
• Restitution
• How to Process a Worthless Check Complaint
• After the Complaint if Filed