The purpose of this information is to aid you and assure you that this office will do everything possible to reduce the number of Hot Checks and the losses caused by them.  Remember, Hot Checks can be controlled only with your help.  If you are a merchant who needs to collect on "Hot Checks", please call the phone number above to obtain the information and/or documents necessary to complete the process.

• Procedure: Check Is Returned
• Procedure: Check Is Turned Over To The Prosecutor's Office

Procedure: Check Is Returned

There are certain procedures you must follow before this office will accept a returned check for prosecution.

The check must be presented to the bank of payment, even if you know it will not be honored, and stamped by the bank as to the reason for dishonorment.

When a check is returned marked "Insufficient Funds" or "Account Closed", it should be delivered to the Office of the Prosecuting Attorney as soon as practicable. It will not be necessary for the merchant to try to contact the check writer unless he desires to do so.

We will need:

1. The original check with the bank flag or notation showing the reason it was not honored;
2. The name, address, and phone number of the person who accepted the check and who can identify the maker;
3. Specific identification of maker such as driver's license number, date of birth and physical description. (It will be necessary for you to supply this information on a form when you come into the office.) Whoever brings the check will be required to sign an Affidavit that the instrument is a Hot Check. This Affidavit will also be authority for the arrest of the check maker, if necessary.

Procedure: Check Is Turned Over To The Prosecutor's Office

When you bring in a check, it will be logged and a search made to see if the maker has any other hot check offense pending. If there is, yours will be combined with the one previously filed to expedite your restitution.

This office will notify the check writer that a case is about to be filed against them. If he does not make restitution and pay the appropriate fees, prosecution procedures will be started.

The Hot Check Fee Act was passed by the Legislature to defray some of the prosecution expense and require the Hot Check writers to help bear the costs of their misdeeds. An additional fee will also be collected by this office which will be paid to the merchant. After filing a case, there can be the additional expenses of a fine and court costs which can be several hundred dollars. Restitution will be collected at this office and forwarded to the merchant. After a check has been turned in to the Prosecuting Attorney, if a a check writer contacts the merchant about payments of the check, he should be referred to the Prosecuting Attorney's Office.

Once a check has been turned into this office for collection, a courtesy letter will be sent to the check writer requesting payment. This letter may not be sent for every check turned into this office if there are multiple checks. If payment is not made in the time provided, a warrant for their arrest may be issued. It is the check writer's responsibility to make contact with this office or to send the money in the time allowed on the letter.