The County Attorney’s Office cannot prosecute the following types of checks:
- Irregular or altered signatures
- Postdated or hold checks
- Checks that are not marked or flagged “account closed” or “NSF”
- Checks presented outside Cooke County or for services performed outside of Cooke County
- Checks deposited over 30 days from the date of the check
- Checks given as a substitute for another
- Checks written for payment on account, agreement or contract
- Checks received in the mail, checks where no ID was taken or checks where there is no witness
- Checks where no goods, products or services were given in immediate exchange.
- Checks where the apparent signer cannot be identified as having actually signed and presented the check.
- Checks under $1500 that are over 2 years old
It is important to understand that NOT all worthless checks are criminal matters. However, Even if the County Attorney’s office cannot put together a prosecutable case from a hot check that is submitted to our office, we will still attempt to collect restitution for you as well as the merchant fees as allowed. If the case is a prosecutable case and our office files it with the court, we will require as a condition of probation agreement that the restitution and the merchant fee be paid. Or if the court agrees, we will have this as a condition of their probation. Cases are NOT dismissed by the County Attorney’s office, solely because the hot check writer pays restitution or because a victim wishes to drop charges. Once our office files the case, it will follow normal case procedure.