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Worthless Checks

County Attorney

County Attorney

Worthless Checks

Over the past four (4) years, the Montgomery County Attorney’s Office has collected over $800,000 stolen from our local merchants and citizens via worthless checks.

Collections Assistance Criteria
Our office assists local merchants and citizens in collecting amounts stolen through worthless checks if all of the following criteria are satisfied:
  • The check was received in Montgomery County, Texas;
  • The check amount is at least $100 and less than $2,500;
  • For business or company checks, the check writer’s name is printed on the check;
  • The check was received in person in exchange for property (or in exchange for services, if the check was received at the same time the services are rendered);
  • The check was processed through a bank within 30 days of receipt and was returned “insufficient funds” or “account closed”;
  • The check writer’s identity is known and can be proven through a driver’s license number, state ID number, social security number, or date of birth recorded on the check at the time the check was received;
  • The check was not a postdated check or a hold check;
  • The check was not a stop payment check, unless the bank verifies that the account the check was drawn against did not have sufficient funds when the check was received;
  • The check was not a two-party check;
  • The check was not for payment on an account;
  • The check is not more than 23 months old; and
  • The check writer has not made restitution or signed a promissory note regarding the check.

If the worthless check does not satisfy these criteria and it is under $100, you may file Class C criminal charges in the precinct in which the check was received or services were rendered through the Montgomery County Justice of the Peace (JP) for Precincts 1, 2, 4, or 5.  For Precinct 3, Class C criminal charges must be filed with the Precinct 3 Constable.  You may also file a civil lawsuit with the clerk of the Justice of the Peace.

Information regarding County departments and JP courts may be found online at www.mctx.org and at the following locations:

  • JP Precinct 1: 300 S. Danville Street, Willis
    (936) 539-7801
  • JP Precinct 2: 2241 North 1st Street, Conroe
    (936) 538-3788
  • JP Precinct 3: 1520 Lake Front Circle, Ste. 100, The Woodlands
    (281) 364-4284 or (936) 539-7803
  • Constable Precinct 3: 1520 Lake Front Circle, Ste 200, The Woodlands
    (281) 364-4211 or  (936) 539-7813
  • JP Precinct 4: 22354 Justice Drive, New Caney
    (936) 521-8970
  • JP Precinct 5: 19100 Unity Park Drive, Magnolia
    (936) 539-7806 

Below are helpful forms and the official Worthless Check Policy for your reference:

DEMAND FOR PAYMENT

WORTHLESS CHECK INFORMATION FORM

WORTHLESS CHECK OFFICIAL POLICY

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