Worthless (Hot) Check
Worthless (Hot) Check
The primary purpose of Worthless (Hot) Checks in the Tarrant County Criminal District Attorney’s Office is to receive complaints of theft arising from the passing of worthless checks and to develop those complaints into prosecutable cases. The staff conducts investigations that ordinarily involve obtaining and analyzing documentation, and as necessary, interviewing witnesses.
The Worthless Check Department hours are 8 a.m. to 4:30 p.m. Monday through Friday.
Criminal District Attorneys Office
Attn: Worthless (Hot) Checks
401 W. Belknap Street
Fort Worth, TX 76196
817-884-1603
Eligible bad checks include:
- Checks received in person in immediate exchange for merchandise, personal property, or a service
- The check was processed through a bank within 30 days and returned stamped with the following: “NSF; Account Closed; Refer to Maker; Or Unable to locate.” Certain “stop payment” checks are also allowed.
- The check was passed in Tarrant County.
Ineligible bad checks include:
- Checks that are post-dated, held or received in the mail
- Checks in which both parties knew there were insufficient funds at the time of transaction
- Two-party checks (except payroll checks and only when the original payee is available to testify in court)
- Checks in which the identity of the check writer is unknown
- Checks given to further an illegal activity
- Checks that involve an extension of credit, payment on an account or repayment of a loan
- Checks given for Rent
- Checks under $100
- Checks not presented in Tarrant County
- If you have an “ineligible bad check,” please be advised that you may still have certain remedies available to you under the Civil Laws of the state of Texas. Most of these checks can be filed in Justice of the Peace Courts or you may want to seek the advice of a private attorney.
Filing a Hot Check Complaint
There are certain procedures which must be complied with before this office can accept a “hot check” for prosecution. These procedures are required by law and are as follows:
- A notice of demand letter must be sent to the check writer, allowing ten business days from the receipt of the letter to make restitution. The notice of demand letter MUST contain the required wording of the Texas Penal Code Sec. 31.06 The penal code section cannot be altered or changed. (See below for ‘Notice of Demand Letter’ form)
- A notice of demand letter may be sent via certified mail or first-class mail with an affidavit of service (See below for `Affidavit of Service’ form)
- The notice of demand letter must be addressed to the check writer.
- A notice of demand letter is not required for checks returned “account closed,” “no account found” or “unable to locate.”
After expiration of the notice period, you may mail or bring the following to our office to file a complaint:
- Complaint Form- One copy of the completed complaint form (See below for ‘Complaint Form’) (Must provide original)
- Return Check/Item-The original legal returned copy from the bank with proof of reason for return
- Certified Mail Receipt-The original signed postal receipt or affidavit of service by mail
- Invoice/Reciept-A copy of the invoice, sales slip, receipt or provide a statement describing the transaction.
- Notice of Demand Letter (If Applicable)- A copy of the notice of demand letter sent to the check writer.
Downloadable Forms:
Notice of Demand Letter (Please see instructions on page 1 of the form)
Affidavit of Service By Mail (Please see instructions on page 1 of the form)
The Tarrant County Criminal District Attorney’s Office utilizes special forms that must be completed by the hot check victim when filing checks with the office. By clicking on the links above, you may open and save a copy of these forms. The forms must be fully read, sworn to, and signed before a Notary Public. If filing your complaint in person, our office can provide a notary. If filing your complaint in the mail, we prefer you send your complaint form and all evidence via certified mail.