Hot Check Division 

Hot Check Division Guidelines

The Hot Check Division of the Kaufman County District Attorney's Office will accept for investigation complaints alleging that a person committed Theft or Theft of Service by issuing a check which the issuer's bank refused to honor. A letter will be mailed to the issuer of the check requesting that he/she make restitution through our office. If restitution is not received criminal charges may be filed against the issuer of the check only as defined below:

1. The check cannot be a bank draft.
2. The check must have been exchanged for property or service which was provided at the same time the check was issued. A Check that is written for any of the following may or may not be a criminal offense. Each case will be evaluated on an individual basis:
   • Payment on an open or billed account
   • Payment on an outstanding debt or loan
   • Payment for payroll or contract work
   • A replacement held or post-dated check
3. The check must have been presented by the person who signed the check, in person, and in Kaufman County. The signature on the check must have been witnessed by the person who received it. A Check that is written for A, B, C or D may or may not be a criminal offense. Each case will be evaluated on an individual basis

1. Received through the mail
2. Passed by another party on behalf of the issuer
3. Accepted by an unknown employee, courier, or delivery person
4. Pre-signed by the issuer
5. A two-party check (not written to the receiver)

• The check must have been presented to the issuer's bank within thirty (30) days of the date it was issued. Stamping on the check must show that payment was refused because:
  • The issuer did not have sufficient funds on deposit with the bank to pay the check when it was issued (Non-Sufficient Funds or NSF)
  • The issuer did not have an account with the bank when the check was issued (Account Closed or No Account Found).
• If the check is stamped Refer to Maker, Uncollected Funds, Funds Unavailable, Unauthorized Signature, Lost/Stolen, Forgery, or Other, it may or may not be a criminal offense. Each case will be evaluated on an individual basis.
• The issuer of the check must have been sent written notification via certified mail that payment was refused by the issuer's bank. The issuer must have failed to pay the holder of the check in full within ten working days of receiving the written notification. Note: Notification is not required when the issuer did not have an account with the bank when the check was issued.
   The Hot Check Division complaint form must contain adequate information to identify and locate the person who physically received the check from the issuer. It must also contain adequate information to identify the issuer of the check, i.e., the check writer's true date of birth and a verifiable state driver's license or identification number.

Instructions for Filing a Complaint with the District Attorney (DA) Hot Check Division

1. Complete and notarize a separate DA Theft by Check/Issuance of a Bad Check form for each check.
2. Attach the original check or the legal copy from the bank.
3. Enclose the invoice, sales slip, or detailed description of property or services stolen.
4. Enclose postal receipt showing that the issuer of the check was sent written.
5. Written notification via certified mail of the bank's refusal to honor the check or written notification by first class mail with affidavit of service by mail in lieu of certified letter.
6. Deliver or mail the complaint(s) to:
    Kaufman County District Attorney
    Hot Check Division
    1902 US HWY 175
    Kaufman, TX 75142

Instructions for Filling out the Theft by Check Complaint Form

• One Complaint Form per check.
• Fill out as much information, as possible, in each section of the form.
• All Complaint Forms must be signed and notarized.
• Completed Complaint Forms may be submitted in person or by mail.

Special Instructions After Filing a Complaint

Although the Hot Check Division is not a collection agency, this office does collect restitution on behalf of the victims of check offenses. Payments are made through The Hot Check Division in the form of Money Orders, Cashier's Checks, Cash, and Debit/Credit Card. In order to assist in the collection of restitution and the filing of any criminal case, the following special instructions must be heeded.

Please:

• Do not accept any restitution from a check writer after submitting a written complaint. Refer any check writer to our office regarding restitution.
• Do not promise to drop any criminal charges if restitution is paid.
• Please, contact the Hot Check Division with any changes in regard to your address or telephone number.