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. When this information can be provided by a bank official we can 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.
Checks marked with “unable to locate, refer to maker, or irregular signature” may be taken at our discretion for collection or determination for prosecution as a theft by check case unless we can confirm with the bank the check is insufficient.
We may accept post-dated checks, two-party checks, and checks for payment on an account for collection only.
For More Information
For more information on hot check prosecution, please contact our office at (817) 579-3216.