Nacogdoches County, Texas

Thursday, November 23, 2017


Hot Checks

Pay Hot Checks Online Here 

The Hot Checks Division of the Nacogdoches County Attorney's Office is a clearinghouse for merchants and citizens to report those who write worthless checks. Our office attempts to identify and punish hot check writers and collect restitution for the merchant.

Merchant Section

 DID YOU KNOW?

º   Filing a check with the County Attorney's Hot Check Division is FREE.

º   We will attempt to collect the $30.00 merchant fee on all checks 

Filing A Check

To File A Check For Collection and/or Prosecution By Our Office, Follow These Steps:

I. NSF CHECK

º  Send the following Demand Letter demanding full payment within 10 days. You can get it here (Microsoft Word document).

º  If unclaimed, wait 10 days to file your check.

º  If claimed, wait 10 days after date signed.

 

II. ACCOUNT CLOSED

º   No Notice Is Required.

 

III.  Filing Forms and Affidavit

º  Below, you can print the affidavit that needs to be turned into the Hot Checks office.

 

    Please make your choice of Adobe Acrobat or Microsoft Word.

 

AFFIDAVIT Adobe PDF or Microsoft Word Document 

 

º  Fill the form out completely and accurately.

º  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.)

º  The Affidavit form must be notarized and can be mailed (NOTE: Due to the notary requirement, electronic submission is not permitted.)

 

IV.  THE ORIGINAL CHECK OR THE BANK SUBSTITUTE LEGAL COPY MUST ACCOMPANY THE AFFIDAVIT.

 

Make a copy of the check for your records  

 

IMPORTANT THINGS A MERCHANT SHOULD KNOW

You should have a check acceptance policy consistent with the information provided on this website regarding accepting a check and a procedure for taking a check, and you should follow that policy consistently.

The County Attorney's Office cannot or does not accept the following kinds of checks for prosecution:

º  Post-dated or "hold" checks

º  Checks presented outside Nacogdoches County or for services performed outside Nacogdoches County

º  A check given as a substitute for another

º  Checks altered or forged

º  Checks given to pay a pre-existing debt

º  Drafts, which are an extension of credit

º  We do not accept rent checks for collection.  

 

Be suspicious of :

º  Starter checks

º  Temporary, expired, or out-of-state driver's licenses

º  Department of Public Safety ID cards (intended for senior citizens and the disabled)

º  Anyone who cannot produce a driver's license

º  Any variation between the information on the check, the ID produced and/or the check writer

º  Always keep a copy of everything you send to the County Attorney's Office, Hot Check Division.

PROCEDURES FOR TAKING A CHECK

IS THE CHECK DATED TODAY?

º  Post-Dated and Replacement Checks Should Not Be Accepted.

IS THE SIGNATURE LEGIBLE?

º  The checks should be signed in your presence.

º  Print the name on business account checks if you cannot read the signature.

IS THE ADDRESS COMPLETE?

º  The check should contain a permanent street address, and home and work phone numbers.

CAN YOU CONFIRM THE IDENTITY OF THE CHECK WRITER?

º  An ID can be forged.  If you are suspicious of photo identification, examine it carefully.

DO WRITTEN AMOUNTS AND NUMBERS CORRESPOND?

RECORD THE FOLLOWING INFORMATION:

º  Driver's License Number (EVEN IF PRE-PRINTED)

º  Date of Birth

º  Expiration Date of License

º  Initials of Clerk Accepting The Check

WHY IS THE INFORMATION NEEDED?

º  Recording the information helps convince the judge or the jury that the check writer actually wrote the check.

º  This information enables the County Attorney to obtain a warrant.

DO NOT rely on information on pre-printed checks nor on the check-writer providing or filling in the information himself.  The person taking the check must verify the information by actually examining the identification in order to prove that the person identified on the check is the same as the person writing it. 

 

What You Should Be Checking For:

1.         Make sure the signature is the same as the printed name.

2.         Make sure the number amount matches the written amount.

 

 

What You Should Be Recording:

 

DO NOT rely on information on pre-printed checks nor on the check-writer providing or filling in the information himself.  The person taking the check must verify the information by actually examining the identification in order to prove that the person identified on the check is the same as the person writing it. 

 

Check Writer Section & FAQ's

Frequently Asked Questions

Q. I received notice from the Hot Check Division that some hot checks I wrote have been filed with the County Attorney. What should I do?

A. If you have an attorney, you should contact your attorney. If you do not have an attorney, you should immediately contact the Hot Check Division, find out how much you owe, and make arrangements to pay the checks, the merchant's fee, and the County Attorney's  fee. If eligible, you may be able to pay by installments. You can pay by mail with a money order or cashier's check, and if paying in person, you may pay in cash. You may also pay online at ___________________. As you would expect, the Hot Check Division does not accept personal checks. Never send cash in the mail. Do not make restitution to the merchant directly. It will not save you. For your convenience, the Nacogdoches County Attorney's Office Hot Checks Division along with __________________ now provides the ability to Pay Hot Checks Online! PROSECUTORS OFTEN RECOMMEND FINE-ONLY OR EVEN REDUCTIONS TO LOWER LEVEL OFFENSES IF THE RESTITUTION AND FEES ARE PROMPTLY PAID IN FULL. IF RESTITUTION AND FEES ARE NOT PAID, OUR PROSECUTORS WILL SEEK A JUST PUNISHMENT FOR THE CRIME OF WRITING A HOT CHECK.

Q. I didn't pay the hot checks I wrote and now I have criminal cases filed against me.  What do I do?

A. If you have an attorney, you should contact your attorney. If a criminal case has been filed against you, you likely have a warrant out for your arrest.

Q. OK, now that I have criminal cases filed against me, what happens after I am arrested? If I pay restitution and all the fees and costs, will the criminal cases be dismissed?

A. Your criminal case will be handled as any criminal case would be. Under no circumstances will your criminal case be dismissed just because you pay restitution, fees and costs. Once a criminal case is filed against you, the Hot Check Division only collects your money while the prosecutor assigned to your case seeks a just punishment for the criminal act.

Q. Can I get a list from your office of the hot checks I have written?

A. You can get a list of hot checks you have written that have been filed with the Hot Check Division. You have to appear in person and have a state driver's license or other official photo identification. We will not release the information to anyone but you or your attorney.

Q. If hot checks I have written are filed with your Hot Check Division, will I have a criminal record if I pay the checks and fees before a criminal case is filed against me?

A. You will not have a criminal record for the hot checks filed with the Hot Check Division if you pay those checks before a criminal case is filed. However, merely paying the checks you owe will not necessarily prevent a criminal case from being filed. The decision to file a criminal case involves many factors, and no one in the County Attorney's Office can tell you with certainty that a case will not be filed just because you made restitution although payment of restitution is a factor in making that decision.

 

 

Hot Check Division Staff

 

Billie Tillis - Supervisor

Scott Nixon - Assistant

 

P 936.560.7788

F 936.560.7809