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HOT CHECKS
The County Attorney seeks restitution for Non-sufficient Funds 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.
    Sample demand letter
Paying a check by mail or in person
Receiving restitution
To contact us

CRITERIA FOR CHECKS
To qualify for prosecution, the State must prove that a criminal act has occurred, which places certain restrictions on the checks accepted for prosecution. Following are lists 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 forNon-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 under $1,500.

* 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 greater than $1,500. 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.

USE SAFE CHECK PROCEDURES
Our office recommends that certain checks be avoided or cautiously taken:

* Beware of accepting out of state checks. They are difficult to prosecute at the misdemeanor level.

* Beware if the check writer is unable to provide 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.

* Beware if you are asked to hold a check. Never hold a check. Deposit it immediately with your bank.

* Beware of empty promises to make good a hot check. Always redeposit NFS checks immediately.

* Beware of procrastination. Do not delay in bringing returned checks to our office. It may be difficult to find a check writer who has plenty of time to leave the area or the state.

UNDERSTANDING THE PROSECUTION PROCESS
Once a check is submitted to our office, it will be processed in the following manner:

Check brought in: 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.

Affidavit signed: The payee signs an affidavit at our office, and provides us with their contact information.

Prosecutor's demand letter sent out: We send letter to the check writer, demanding payment within 14 days and with notification that the prosecution process has commenced.

Response to the demand letter: If payment is received, our case is closed and restitution is delivered to the payee.

Arrest warrant: If no payment is received, the case is slated for warrant. Average time to obtain a warrant is one week if proper identification has been obtained. When person is arrested on a warrant and posts bond, the Clerk sets the case on a court docket. Upon plea of guilty, the person is placed on probation until check is paid in full.

Distribution of restitution:In many cases, restitution is paid in full and quickly reimbursed to the payee. However, there are some cases which may require a payment plan that carries the penalty of jail time if the terms are not strictly followed.

WHO SHOULD I CONTACT?

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.

To contact the Hot Check Department:
County Attorney?s Office
Attention: Linda Schacht
201 E. San Antonio Street, Suite 101
Boerne, Texas 78006
Telephone (830) 249-9343
Fax (830) 249-4176

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

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

 

 

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.

PAYING A CHECK BY MAIL OR IN PERSON
Upon receipt of a demand letter from our office, the check writer is required to make restitution by payment in the form of a cashier's check or money order payable to "Don Allee, COUNTY ATTORNEY", and the payment mailed to: KENDALL COUNTY ATTORNEY, ATTN: HOT CHECKS, 201 E. SAN ANTONIO STREET, SUITE 101, BOERNE, TEXAS 78006. For a receipt, the check writer should enclose a self-addressed stamped envelope. Otherwise, the receipt will be held in the file.

The check writer may also stop by our office to pay the check in person.

RECEIVING THE RESTITUTION
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.

CONTACT US
Hot Check Department
Attn: Linda Schacht
201 E. San Antonio Street, Suite 101
Boerne, Texas 78006
Telephone (830) 249-9343
Fax (830) 249-4176