Hot check Information
If the check is an NSF check:
- » Send a letter to the person who signed the check to the address on the check. A sample demand letter is available above. You do not have to send the letter certified it can be mailed regular mail.
- » Wait ten days, if the person who wrote the check does not pay you then you can file the check with the District Attorney’s Office.
- » When you file the check with the DA’s Office, you must file the original check (or a substitute check) and the affidavit of service, form available above.
If the check was written on a closed account:
- » No notice by mail is required.
- » File the original check (or a substitute check) with the DA’s office along with the check information sheet, form available above.
Federal law allows banks to replace a check with an imaged substitute check. Your bank may use this process and you would not receive the actual hot check you received and deposited. Usually a substitute check will say “This check is a legal copy.”
You will have to obtain either the original or substitute check to file it with our office.
It is a requirement that the DA’s office have the original hot check or a substitute check from your bank in order to accept it for collection and prosecution.
The district attorney’s office does not charge the merchant for collection of hot checks. The check writer is charged a fee set by statute, in addition to the original amount the check was written for and the $30.00 merchant fee authorized by statute.
No once a check has been turned into the DA’s office the check writer must take care of it with our office.
The district attorney’s office sends out restitution once a month, usually around the 10th of the month.
- Our collection work is done without cost to you.
- You get the whole merchant fee on all checks.
- No part of the fee is kept by an outside collector.
- Our entire fee is paid by the check-writer.
- High collection percentage.
I received notice from the Hot Check Division that some checks I wrote have been filed with the District Attorney. What should I do?
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 DA’s fee. You can pay by mail with a money order or cashier’s check, and if paying in person, you may pay in cash. 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.
Well, I didn’t pay the hot checks I wrote and now I have criminal cases filed against me. What do I do?
A warrant has been issued for your arrest. You are advised to surrender to the county sheriff or pay the full amount of restitution in your case.
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?
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.