Our office assists local merchants and citizens to collect amounts stolen through worthless checks if all of the following criteria are satisfied:
- The check was received in Montgomery County, Texas.
- The check amount is at least $100 and less than $2,500.
- The check was received in person in exchange for property (or in exchange for services, if the check was received at the same time the services are rendered).
- The check was processed through a bank within 30 days of receipt and was returned “not sufficient funds” or “account closed.”
- The check writer’s identity is known and can be proven through a driver’s license number or state ID number recorded on the check at the time the check was received.
- The check was not a postdated check or a hold check.
- The check was not a stop payment check, unless the bank verifies that the account the check was drawn against did not have sufficient funds when the check was received.
- The check was not a two-party check.
- The check was not for payment on an account.
- The check is not more than 23 months old.
- The check writer has not made full restitution or signed a promissory note regarding the check.
If the worthless check does not satisfy these criteria, you may ask the Constable for the precinct in which the check was received about filing a criminal case, or file a civil case with the Justice of the Peace. If the check is at least $2,500, please contact the Montgomery County District Attorney’s Office.
How to File a Worthless Check: If a worthless check satisfies our collections assistance criteria, follow these steps to file it for collections assistance with our office:
1. Send a demand letter to the check writer via certified U.S. mail with return receipt requested. The demand letter must include this language:
“This is a demand for payment in full for a check or 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.”
This demand letter should be sent to the address on the face of the check or to the check writer’s address on file with the records of the check writer’s bank. You may download a sample demand letter from our office here:
2. If the demand letter has been returned unclaimed or refused, or if fifteen days have passed from the day the letter was sent, you may file the worthless check with our office. Please bring or mail to our office the following items:
- The returned check;
- A copy of the demand letter you sent;
- The certified mail receipt “green card” or the entire sealed letter that was returned unclaimed or refused. If you don’t have either of these items, you may submit to us an Affidavit of Service available online here or at our office; and
- Our office’s Worthless Check Information Form. You may print a copy here or fill one out when you get to our office.
If you would like to mail these items, our office mailing address is:Montgomery County Attorney’s Office Att’n: Worthless Checks Department 501 N. Thompson, Suite 300 Conroe, TX 77301��
3. We will then send out a letter to the person that signed the check and give him or her 10 days before we start the process of having an arrest warrant issued.