Be sure to turn the check over to us as soon as possible. The sooner we start processing a hot check, the better the chance of collection. The statute of limitations for filing a misdemeanor case on a hot check is two years. When turning over a check that is nearly two years old, please bear in mind the processing time to file the case.
Checks that are marked “insufficient funds” must have a demand letter sent to the check writer and be evidenced by the Affidavit of Service, which contains the following statement:
“This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.”
If the check writer has not paid you within 10 days of the receipt of that letter (new legislation assumes that the notice letter is received within five days after it was sent), bring the check with the Affidavit of Service to our office at:
1200 W. Pearl St.
Granbury, TX 76048
If the letter was returned from the post office as undeliverable, bring the check, the unopened letter, and the Affidavit of Service to our office.
Checks that are marked “account closed” can be brought to our office immediately.