Filing A Check

To file a check for collection and/or prosecution by our office, follow these steps:

1. Non-Sufficient Funds Checks
   1. Send the 10 Day Letter demanding full payment within 10 days to the signer of the check.
   2. Our office will furnish you the proper, fill-in-the-blank form, or download the Non-Sufficient Funds Check Form (DOC)
   3. Send the letter 1st Class U.S. Mail (certified is no longer required).
   4. Wait 15 days and on the 16th day you may file the check.
   5. You must file the Affidavit of Service and the Worthless Check Affidavit along with the original check or the Legal Copy of the check.
2. Account Closed
   • No Notice Is Required
3. Obtain a filing Form from the District Attorney
   1. Our office will furnish you with the Fast File Affidavit (PDF) or  download the Worthless Check Affidavit (PDF)
   2. Fill the form out completely and accurately.
   3. The information must be legible (The PDF form can be filled out in your web browser and printed, if you prefer or simply print the blank form.)
   4. The form must be notarized and can be mailed ( Due to the notary requirement, electronic submission is not permitted.)
4. The bank substitute legal copy must accompany the affidavit
   • Make a copy of the check for your records.

About our Office

• Filing a check with the District Attorney’s Hot Check Department is free.
• The Justice of the Peace can only file a Class C Misdemeanor on a hot check, regardless of the amount.
• Our office has three clerical staff members that work checks full time.
• Our office has two handwriting experts to examine handwriting when the person claims that his/her checks are forged.
• Our office will file Class C Misdemeanors with the Justice of the Peace on your behalf.
• We are working on a system that will allow you to file your checks by e-mail (Our office will prepare all the paperwork for you).
• We will collect the $30 merchant fee on all checks (You must have a sign posted that is visible to the check writer).