Checks That Cannot be Prosecuted

Stop Payment Checks

Most stop payment checks are considered to be civil matters and must be filed in Small Claims Court unless evidence can be presented that the check writer did not have that amount of money in the account either at the time the check was written or at the time a stop payment was placed on the check. Only when this information can be provided by a bank official can we process the check as if it were for insufficient funds.

Rent and Payroll Checks

Rent checks (contractual agreements) and payroll checks (payments received for services rendered) are considered a civil matter. We do accept them at our discretion for collection only but cannot prosecute them.

Other Checks

Checks marked with “unable to locate, refer to maker, or irregular signature” may be taken at our discretion for collection only but cannot be prosecuted for theft by check unless we can confirm with the bank the check is insufficient - just stamped “refer to maker.”

We may accept post-dated checks, two-party checks, and checks for payment on an account for collection only. We cannot prosecute them.

For More Information

For more information on hot check prosecution, please contact the county attorney at (817) 579-3216.