Walker County, Texas

Hot Checks

Forms & Procedures

• New Merchant Form

• Hot Check Submission Form

• Sample Merchant Certified Letter
    

Checks the District Attorney's Office CANNOT Accept

• A check passed outside of Walker County.

• A post-dated check.

• A check more than two (2) years old if it is under $2,500.  If the check is over $2,500, it cannot be more than five (5) years old.

• A check that has not been submitted to the bank within thirty (30) days or is not marked by the bank as "NSF" or "Account Closed."

• A check when partial payment has been made.

• A check given for payment on an account.

• A check given for a returned check.

• A check that is lacking identifying information on the check writer. Such as the check writer's driver's license number, address, or telephone number.
   

Checks to Avoid

Certain checks usually will not be prosecuted as "hot" checks.  They are as follows:

• Marked "refer to marker"

• Marked "drawn against uncollected funds"

• Marked "unable to locate account"

• Certain stop-payment checks. According to Texas Penal code Section 31.06 subsection (f) certain stop payment checks may be prosecuted if:  The actor ordered the bank or other drawee to stop payment on the check or order; the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; the owner gave the actor notice of the refusal of payment or return of the property; and actor failed to: pay the holder within 10 days after receiving the demand for payment; or returned the property to the owner within 10 days after receiving the demand for return of the property.

• Check written on an out-of-state bank

• Check received in the mail

• Two-party checks. (eg."X" writes"Y" a check. "Y" then brings the check to you to be cashed.  Payroll checks are another example).