Once you accept partial payment, the law prevents criminal prosecution.
When the worthless check writer pays, your money will be sent to you by the tenth day of the following month. If the worthless check writer does not respond to the Worthless Check Unit, the warrant will be served, and the worthless check writer will be arrested.
You as well as the employee who accepted the check may be required to appear in court. If so, you will receive notice by subpoena. At this point, all restitution will be collected and dispersed through the District Clerk's Office.
You will need to call to determine the status of restitution. Skip to content. Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
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Once filed, the criminal case will proceed just as any other case normally would. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor. When proper procedures are used, the likelihood of catching the offender, obtaining restitution for the merchant and getting a conviction against the writer of a hot check greatly increases. If the check was for a court ordered child support payment, then the bad check can be prosecuted as a Class B misdemeanor. The severity of the charges depends on where you are charged and the amount of the check. 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. A plea of no contest has the same result as a plea of guilty, but it may not be used against you in any civil proceeding that might arise from the incident leading to your arrest.
Make sure that the written dollar amount matches the numerical dollar amount. Look for the routing numbers on the check. Verify with the check writer, that the address and phone number printed on the check are correct.
Make sure the check writer signs the check in front of you. Beware of starter checks with low numbers All checks should have at least one perforated edge. ONLY government checks are smooth on all sides.
The numbers at the bottom of the check are a dull, flat black. The numbers are never glossy or reflect light.
Low number starter checks. Out of town checks.