If you answered "YES", then the check must NOT be:
A post dated check
A post dated check will eliminate intent to defraud, for the check-writer is telling you the money is not available at the time of purchase.
(If your check is a post dated check we suggest that you contact the Justice of the Peace in the Precinct where the check was received to file issuance of a Bad Check.)
A check for payment on an account
This type of check shows that credit has been extended and can only be filed as "Issuance of a Bad Check" (a Class C Misdemeanor) in the office of the Justice of the Peace.
(If your check is a post dated check we suggest that you contact the Justice of the Peace in the Precinct where the check was received to file issuance of a Bad Check.)
A stop payment check
Our office will not accept a stop payment check as a criminal case unless there were insufficient funds at the time it was presented to the bank for payment.
(If your check is a stop payment check we suggest that you contact the Justice of the Peace in the precinct where the check was received to file a civil action.)
Complete in full the appropriate forms:
In all cases the "Affidavit for Warrant of Arrest and Detention" form must be submitted along with the "Theft by Check Information Sheet" IF the check is over $150.00 dollars or along with the Complaint Form if a two party or payroll check is involved.
NOTE: We will only accept forms notarized and with original signatures.
