Answer a few questions:
- Was the check passed in Travis County?
- Can you furnish us with the name of the person who witnessed the signing of the check?
- At the time the check writer gave you the check, did you give him the merchandise?
- If the check was given for a service, did you rely on the check to do the service?
- Did you or your employee look at the check writer's driver's license or ID and is that number recorded on the check?
If you answered "NO" to at least one of these questions, you cannot file with this office.
We suggest that you contact the Justice of the Peace in the precinct where the check was received for information on filing "Issuance of a Bad Check" (a Class C Misdemeanor) in their office.
If you answered "YES"
See Additional Filing Requirements and Procedures
Theft of PROPERTY:
Under $2500.00 Dollars is a Misdemeanor
This offense covers checks written for an amount under $1500.00 dollars, passed in person in Travis County for the purpose of appropriating property.
$2500.00 Dollars & Over is a Felony.
This offense covers checks written for an amount of $1500.00 dollars and over, passed in Travis County for the purpose of appropriating property without the effective consent of the owner.
We must have a description of the items purchased with the check. If you cannot furnish a receipt, write a brief description and attach to the check.
Theft of SERVICES:
Under $2500.00 Dollars is a Misdemeanor.
$2500.00 Dollars & Over is a Felony.
The nature of this offense covers services that are performed, or equipment, merchandise or facilities that are leased, in which compensation was required at the time or before performance of the service on a predetermined regular basis.
For Example:
You do repair work for a person and s/he gives you a hot check at the time or before the repair work is performed. Ask yourself this question: "Did I rely on the receipt of the check to perform the service?".
In order to file...
It is the policy of the County Attorney's Office that the check cannot be over sixty (60) days old on a local bank and ninety (90) days old on an out of town bank.
A driver's license or Texas I.D. and a correct address is required on the face of the check.
Post dated checks, hold checks and sufficient stop payment checks cannot be filed as a criminal complaint in the County Attorney's Office.
Our office will not accept a stop payment check as a criminal case unless there were insufficient funds in the bank at the time the check was presented to the bank for payment. You can verify this information with the bank by giving them the account number, date and amount of the check.
