A major jurisdiction of our court is the criminal act
of Issuance of Bad Checks (IBC). Each year, many defective checks are
written, and this criminal action has a significant negative impact on
the lives and businesses of our community.
Issuance of Bad Checks
Issuances of Bad Check charges are class C misdemeanors and can be filed
in the Justice of the Peace office. The check must be filed in the County
and Precinct where it was passed.
Our office accepts checks returned from the bank marked NSF or account
closed. Stopped payment checks must be filed as civil suits.
The bonds set on these checks are $500.00 for any check in the amount
of $1.00 to $500.00. Each check marked NSF must be accompanied by a returned
green card or unopened letter that was mailed certified as an attempt
to collect the debt before filing the check with the court.
An account-closed check can be filed without the proof of certified mail.
Each filing must be done by completing an affidavit
and signing it in front of a court clerk or notary public. The original
check and certified mail proof (when applicable) must be filed with the
affidavit.
Affidavit Issuance of a Bad Check
Hot Checks Filed Against You
You need to contact your JP office as soon as possible
concerning a hot check case against you or you can contact the vendor
to arrange to pay them. You will still need come to your precinct's courthouse
and address your check problem today.
If you wish to plead Not Guilty, you may also request
trial by Judge or Jury. That choice is yours. You will need to fill out
an affidavit
of forgery form if you are alleging that you did not write the check.
You are not required to have an attorney in Court, but you may hire one
if you wish. The District Attorney of Collin County will have an attorney
present to prosecute the case against you. The Judge is prohibited, by
Law, from discussing your case with you unless you have pled guilty or
no contest or the District Attorney is also present.
If you choose to go to Court, you are responsible for
bringing all papers, pictures, and exhibits with you to the Court hearing.
You may also contact the Court for information on how to subpoena witnesses.
Affidavit
of Forged Signature Form
Once proof of restitution has been filed with the appropriate
Justice of the Peace Court, you may pay the hot check fines in
person at the court.