If the check is in exchange for goods or services which the check writer received at the time the check was written, the check should be submitted to the District Attorney’s office for prosecution.

There are certain procedures you must follow before a check can be accepted for prosecution:

  1. Present the check to the bank for payment within thirty (30) days of the date the check is issued. All checks must be presented to the bank for payment, even if you know it will not be honored.
  2. The check must be returned with a bank stamp indicating account closed or insufficient funds.
  3. You must send written notification to the check writer informing him or her of the reason the check was not honored. The following sample letter sets out the information which must be included. You should keep a copy of the notice to provide to the District Attorney's office.

    ***Sample Letter***

    Dear _______________ (Check writer’s name):

    Your check #____, dated(full date), in the amount of $________ has been returned by
    (name of bank) unpaid and marked "(reason stamped on the check by bank)."

    "This is a demand for payment in full for a check or order not paid because of lack of funds or insufficient funds. If you fail to make payment in full within ten (10) days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."

    If the check is stamped “stop payment,” a written demand for payment of the check or return of the merchandise must be sent to the check writer by certified mail, return receipt requested. A criminal case cannot be filed if the check writer offers to return the merchandise. You should keep a copy of the notice to provide to the District Attorney’s Office.



    ***Sample Stop Payment Letter***

    Dear _______________(Check writer’s name):

    Your check #____, dated (full date), in the amount of $________ has been returned by (name of bank) unpaid and marked "(reason stamped on the check by bank)."

    "This is a demand for payment in full for a check or order not paid because of lack of funds or insufficient funds. If you fail to make payment in full within ten (10) days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."

    Since this check was not paid because of a stop-payment order, you have the option of either paying the check or returning the merchandise within ten (10) days of receipt of this notice. The failure to either return the merchandise or make restitution for the check creates a presumption for committing an offense and this matter may be referred for criminal prosecution.

  4. Wait ten (10) days after the check writer has received the written notice.
  5. For all insufficient funds and stop-payment checks, complete a complaint form.
  6. Bring:
    (1) The legal copy of the check with the bank flag or notation with the reason it was dishonored.
    (2) The completed complaint form, and in the case of a stop-payment check: a copy of the written notice with the signed receipt from the certified letter or the unopened letter marked refused or unclaimed, to the District Attorney’s Office. This information can also be mailed to the District Attorney’s Office Worthless Check Division, 301 Jackson St., Rm. 101, Richmond, TX 77469.
    (3) Copy of  letter mailed to check writer.


    NOTE: If you cannot provide a driver’s license or ID card number and the check writer date of birth, the chances of a successful prosecution are greatly reduced. It is difficult to locate a check writer without this information.

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