Hot Check

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If eligible, you may be able to pay by installments. As you might expect, the Hot Check Department does not accept personal checks. Never send cash in the mail. Do not make restitution to the merchant directly. Doing so will not cause the criminal case against you to be dropped. What do I do?

What Are Hot Checks?

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? Your criminal case will be handled as any criminal case would be. You should have a lawyer and consider his or her advice. Your attorney will counsel you about the procedures in a criminal case. Under no circumstances will your criminal case be dismissed merely because you paid restitution, fees, and costs.

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The Hot Check Department will not be your banker. Once a criminal case is filed against you, the Hot Check Department only collects your money while the prosecutor assigned to your case determines how the State will proceed with the disposition of your case. Can I get a list from your office of the hot checks I have written?

Criminal Prosecution

You can get a list of hot checks you have written that have been filed with the Hot Check Department. We will not release the information to anyone but you or your attorney. If hot checks I have written are filed with your Hot Check Department, 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 Department 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.

Home About the Office Meet the D. A sample fill-in-the-blank letter is available here.

Additional Resources

You no longer have to send a notice letter to the check writer by certified mail. You can send the letter by regular mail and then complete the affidavit of service and then send it to us. When a bad check is drawn, the check writer may be charged a fee by their own financial institution.

If paying the item puts the account holder in a negative status by a relatively small amount, the bank may choose to honor the check. When this occurs, the account will be overdrawn, and the fees charged by the bank will place an extra burden on the account until the overdraft is covered. If the paying of the item would render the account significantly overdrawn, the bank may choose not to honor the check. The item will be returned to the depositor's bank, and ultimately to the depositor.

The amount of the check plus the depositor's bank's fee will be debited from the depositor's account. The depositor then may choose to re-submit the check, hoping it will clear on a second attempt, or else proceed immediately with collection activities, civil or criminal. If the dishonored check has been scanned and replaced by a substitute check , the original check is not returned to the depositor, but instead the substitute check will be marked "not sufficient funds" and returned to the depositor. The recipient may also choose to report the writer to a database service. This may lead to other merchants in the future refusing to accept checks from the writer or a joint account holder, or the writer having trouble obtaining a checking account at another bank.

Hot Check Office / Lubbock County, Texas

If a merchant or other place of business receives too many bad checks from customers, it may simply decide to not accept any checks at all from anyone. In some cases the issuance of a NSF check may result in criminal prosecution of the drawer of the check. Criminal charges are more likely where the drawer can be shown to have issued the check knowing that it would not be honored. Charges are also more likely when the NSF check is for a large amount, or where the drawer issues multiple NSF checks.

In many jurisdictions in the United States, a bad check restitution program exists that allows recipients of bad checks to collect the funds from the local district attorney 's office, regardless of the amount. An agency run by the district attorney will pursue the drawer of the check by attempting to collect the funds in exchange for avoiding criminal prosecution.

The check drawer will be responsible to cover the amount of the check, plus all fees to which the recipient is legally entitled, plus a program fee. The drawer will also be required to take a course designed to improve check-writing habits.

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These programs are controversial and in recent years, have come under fire in lawsuits. Normally, if check writer can cover up their bad credits in sixty days, all charges will be dropped.

State Of Texas - County Of Lubbock

In some jurisdictions, for a criminal prosecution on a bad check there must be some element of fraud involved in the issuance of the check. In some U. For similar reasons, a post-dated check will not normally support a conviction for issuing a NSF check. Use of the term "Refer to Drawer" became standard in England and Wales after bank was successfully sued for libel after returning a cheque with the phrase "Insufficient Funds" after making an error; the court ruled that, as there were sufficient funds, the statement was demonstrably false and damaging to the reputation of the person issuing the cheque.

He compared the Declaration of Independence to a bad check.

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