County Attorney - Hot Check Dept

Hot Checks More Than 30 Days Old

If a check stamped "NSF" by the bank is over 30 days old, YOU may be required to send written notice by CERTIFIED MAIL, RETURN RECEIPT REQUESTED to the hot check writer. Please contact the Hot Check Department for verification of this procedure.  

The following is a sample letter setting out the information that must be included:

"Dear Mr. Doe:

Your check #000 dated June 20, 1998, in the amount of $000.00 given for the stereo that you purchased on the same date has been returned by the State Bank marked "insufficient funds" (or other reason given by the bank).

  *  This is a demand for payment in full for a check or money order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."
 *  Language required by Penal Code Sec. 31.06

Do NOT send the original check to the hot check writer. 

Be sure to keep a copy of this letter. If, after 10 days from the date the letter was received by the check writer, the check has not been paid, the check can then be turned over to the Hot Check Office.  The following must be furnished to the Hot Check Office:
  • The original check stamped by the bank "NSF" or "Account Closed."

  • The signed receipt (green card) from the certified letter or the correspondence (unopened) marked "refused" or "unclaimed."

It will be necessary for you to provide specific identification of the check writer, such as date of birth, driver's license/ID card number and issuing state, and/or SSN for military. 
NOTE: without this information, we cannot issue a warrant for the arrest of the hot check writer!