The County Attorney seeks restitution for Non-sufficient Funds (NSF) and Account Closed checks. When a check bounces and the check writer fails to make restitution, he commits the offenses of Issuance of Bad Check and Theft. Failure to pay restitution will result in criminal charges.

CRITERIA FOR CHECKS

To qualify for prosecution, the State must prove that a criminal act has occurred, which places certain restrictions on checks accepted for prosecution. Following are criteria of acceptable and unacceptable checks:

Acceptable Checks

• The check was received (handed or mailed to you) in Kendall County.
• The check was returned by the bank for Non-Sufficient Funds (rejected TWICE by the bank) or Account Closed. Other reasons may be considered for prosecution on case by case basis.
• The check writer was identified by driver's license number or is personally known to payee.
• The check is a one party check.
• The check amount is less than $1,500.00.
• The check was given for immediate merchandise, service or cash.
• The check was deposited within 30 days of receipt.
  

Unacceptable Checks

• The check was not received (handed or mailed to you) in Kendall County. We suggest you contact the County Attorney’s Office of the county where you received the check.
• The check was returned marked Stop Payment. We suggest you file a small claim with the Justice of the Peace office in your precinct.
• The check was a two party check. We suggest you file a small claim with the Justice of the Peace office in your precinct.
• The check writer is not identifiable. The County Attorney will attempt to identify the check writer through bank records. However, the best way to identify the check writer is to verify identification through a Texas driver’s license.
• The check amount is $1,500.00 or greater. We suggest you contact the District Attorney’s Office at (830) 896-4744.
• The check was given for credit debt. We suggest you contact the Justice of the Peace in your precinct to file a small claim.
• The check was held or post-dated, thereby implying a credit transaction. We suggest you contact the Justice of the Peace in your precinct to file a small claim.
• The check is older than 2 years. The statute of limitations for misdemeanor crime is two years, and therefore the law will not allow us to prosecute offenses older than two years.
• The merchandise or property was recovered. Because the criminal offense is theft, no offense occurred if the property was timely recovered. We suggest you contact the Justice of the Peace in your precinct to file a small claim if you suffered a related loss.

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Check Acceptance Precautions

Our office recommends the following precautions when taking checks:

• Be aware that you must be able to positively identify the check writer. The best way to do this is to ask for a valid Texas driver’s license as identification. Always verify the identity of the check writer by comparing the photo with the person in front of you, then write the driver’s license number on the check in your own handwriting.
• Be aware that you should not accept a post-dated check and never hold a check. Deposit it immediately with your bank. If any check is returned marked “Non-Sufficient Funds”, you should redeposit the check with your bank immediately.
• Be aware that out-of-state checks are difficult to prosecute.
• Be aware that time DOES make a difference in the effective recovery of your losses. It is suggested that you bring a returned check to the County Attorney’s Office within thirty (30) days after the deadline of your demand letter.

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A SAMPLE DEMAND LETTER

Our office recommends that you attempt to resolve the matter prior to submitting a check to us for prosecution. A sample demand letter is provided below which should be mailed in duplicate by regular mail and by certified mail.

Dear Mr. John Doe:

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.

Your check #[NUMBER] dated [DATE], in the amount of $[AMOUNT] has been returned by the bank marked "Insufficient Funds" or "Account Closed". You have ten (10) days from receipt of this letter to bring payment in cash, cashier's check or money order for the amount of the check plus a $25.00 charge for handling, total due $[AMOUNT]. If you fail to make payment in full, this matter will be turned over to the prosecutor's office.

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THE PROSECUTION PROCESS

Checks submitted to our office are processed in the following manner:

Complaint Intake: The payee brings in the original check, bank flags, copy of certified demand letter with return receipt, and sufficient information to identify the check writer. The payee will sign an affidavit at our office, and provide us with their contact information. Payees are advised that there is no guarantee that their restitution will be collected. Some cases are cleared within 60 days, while others may take years to clear.

Notice of Prosecution Sent to Check Writer: Our office will notify the check writer that a complaint has been received, and the prosecution process has commenced. The letter will demand payment within approximately 14 days.

Check Writer’s Response: If payment is received, our case is closed. If no payment is received, a criminal case will be filed with the County Clerk, and an arrest warrant will be issued for the check writer. After the check writer is arrested and posts a bond, the case will be set for court. Upon a plea of guilty, in most cases, the person will be placed on probation until the check is paid in full.

Restitution Distribution: The restitution we receive is distributed on the last day of the month. It is important that all payees notify us promptly of any change in address.

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Pay HOT CHECKS

By Mail

Full payment should be mailed in the form of a cashier’s check or money order payable to “KENDALL COUNTY ATTORNEY” to the County Attorney’s Office addressed as: KENDALL COUNTY ATTORNEY, ATTN: HOT CHECKS, 201 E. SAN ANTONIO STREET, SUITE 101, BOERNE, TEXAS 78006. For a receipt, please enclose a self-addressed, stamped envelope. Otherwise, the receipt will be held in the file. In Person: Payment may be made in person at our office during office hours.

In Person

Payment may be made in person at our office during office hours.

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RECEIVE RESTITUTION

Once we receive payment from the check writer, restitution will be mailed to the payee on the last day of the month in which it is collected. It is important that all payees notify us promptly of any change in address.

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CONTACT INFORMATION

The County Attorney's Office will file criminal charges with the County Clerk for the County Court At Law. The clerk will issue a warrant and send it to the Warrant Officer.

Hot Check Department:
County Attorney’s Office
201 E. San Antonio Street, Suite 101
Boerne, Texas 78006
Telephone (830) 249-9343
Fax (830) 249-4176

Court:
County Clerk
201 E. San Antonio Street, Suite 101
Boerne, Texas 78006
Telephone (830) 249-9343
Fax (830) 249-3472

Warrant Officer:
Warrant Officer
Kendall County Sheriff's Office
6 Staudt Street
Boerne, Texas 78006
Telephone (830) 249-9721
Fax (830) 249-8027

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