ISSUANCE OF A BAD CHECK
A major jurisdiction of our court is the criminal act of Issuance of a Bad Check. Each year, many defective checks are written, and this criminal action has a significant negative impact on the lives and businesses of our community.
Issuances of a Bad Check charges are class C misdemeanors and can be filed in the Justice of the Peace office or the Montgomery County Worthless Check Department.
Our office accepts checks returned from the bank marked NSF or account closed. Stopped payment checks must be filed as civil suits.
How to File:
1. Send a demand letter to the check writer via certified U.S. mail with return receipt requested. The demand letter must include this language:
“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.”
This demand letter should be sent to the address on the face of the check or to the check writer’s address on file with the records of the check writer’s bank. You may download a sample demand letter from our office here:
2. If the demand letter has been returned unclaimed or refused, or if fifteen days have passed from the day the letter was sent, you may file the worthless check with our office or the Montgomery County Attorney’s Worthless Check Department. Please bring or mail the following items:
- The returned check;
- A copy of the demand letter you sent;
- The certified mail receipt “green card” or the entire sealed letter that was returned unclaimed or refused. If you don’t have either of these items, you may submit to us an Affidavit of Service available online here or at our office; and
- The Worthless Check Information Form. You may print a copy here or fill one out when you get to our office.
Hot Checks Filed Against You
You need to contact us as soon as possible concerning a hot check case against you.
If you wish to plead Not Guilty, you may also request trial by Judge or Jury. That choice is yours. You will need to file an affidavit of forgery if you are alleging that you did not write the check. You are not required to have an attorney in Court, but you may hire one if you wish. The District Attorney of Montgomery County will have an attorney present to prosecute the case against you. The Judge is prohibited, by Law, from discussing your case with you unless you have pled guilty or no contest or the District Attorney is also present.
If you choose to go to Court, you are responsible for bringing all papers, pictures, and exhibits with you to the Court hearing. You may also contact the Court for information on how to subpoena witnesses.