Hot Check Roundup

HOT CHECKS

The Anderson County Criminal District Attorney’s Office Hot Checks Department collects bad checks written in Anderson County, Texas. Our collection work is done at no cost to the merchant. Hot check writers pay the merchant the face amount of the check and a fee authorized by Texas law of $30.00 per check. The check writers pay all the district attorney fees for collecting bad checks. Since January 2001 The Hot Checks Department has collected over $1,784,061.45 in restitution and merchant fees.

Online hot check payments can be made at officialpayments.com

Process to be completed by merchant prior to transfer of check to District Attorney’s Office:

  • Check is initially written.
  • Clerk accepting check verifies and records drivers license number and date of birth of person writing the check.
  • Check is deposited.
  • Check is returned to merchant.
  • Information is entered in merchant’s database to prevent check writer from being able to continue to write checks until payment is received for prior check.
  • Clerk’s name accepting checks is written on the back of check.
  • All NSF and ACCOUNT CLOSED checks are submitted to District Attorney’s Hot Checks Department.
  • Hot checks Department clerk fills out necessary form and attaches check.
  • Completed form and attached check is submitted to Hot Checks Department’s data entry clerk for entry.


Work to be completed by District Attorney’s Hot Check Department prior to filling criminal charges:

  • First notice is immediately sent to check writer by regular mail.
  • Check writer may choose to pay balance.
  • If not, Second Notice is sent regular mail-with a notarized Affidavit of Service enclosed.
  • Check writer may choose to pay balance.
  • If not, Final Warrant Notice is sent to check writer.
  • Check writer may choose to pay balance.
  • If not, clerks attempt to notify all check writers by phone and use all available resources to locate check writer.


Work to be completed by District Attorney’s Office subsequent if check is paid after written notification:

  • If check remains uncollected, it then proceeds to a prosecution list.
  • Necessary identifiers from the drivers license number are requested from the Anderson County Sheriff’s Office.
  • Necessary paperwork for filing a court case and issuing a warrant is completed, signed and filed.
  • Arrest warrant is sent to the Sheriff’s office and entered in state and national criminal database.
  • Hot Check Department mails check writer notice that a warrant for his/her arrest has been issued.
  • Letter advises check writer to pay his/her balance and invites them to call the District Attorney’s Office to discuss their options.
  • If check writer notifies the District Attorney’s Office, he/she is encouraged to pay hot check balance immediately and his/her options are explained.


Procedure if the check writer does not pay off balance:

  • The Sheriff’s Office attempts to locate and arrest check writer if he/she lives in Anderson County or teletypes the Sheriff’s offices in other counties when a check writer resides out of county.
  • If check writer is not arrested through these attempts the warrant stays active in TCIC until at some point he/she is involved in a routine traffic stop, attempts to renew their drivers license, etc.
  • Once a check writer is arrested, the arresting agency notifies the County Clerk’s office that the warrant has been executed.
  • The County Clerk sends the check writer, now referred to as the defendant, to appear at the next arraignment docket.
  • The District Attorney’s Office presents the defendant with a plea offer at the arraignment docket.
  • Again, the check writer is encouraged to pay his/her balance. The plea offer often allows for a scheduled payment plan on court costs and fine if the balance is paid but requires up to two years probation if balance is not paid.
  • If defendant is placed on probation, some or all of their check balance is included as a term and condition of said probation.
  • The probation department sends all restitution collected on hot checks to the District Attorney’s Office once a month.
  • If the probationer fails to pay restitution or complete any other condition of probation, the probation department files a Motion to Revoke Probation and another warrant is issued for their arrest.
  • Once arrested, the probationer is required to appear at a Revocation of Probation docket where the Judge of the Court decides whether to impose a sentence of up to 180 days in jail or allow the probationer additional time to complete one or more of the conditions of probation.


Payments to merchant are twice per month:

  • The District Attorney’s Office prints merchant checks twice a month. The first pay period includes payments for all checks paid between the 1st and the 15th of the month. Merchant checks are printed after the close of business on the 15th of each month. The second pay period includes payments for all checks paid between the 16th and the last day of the months and checks are printed after the close of business on the last day of the month.

Summary of advantages of District Attorney collection:

  • Our collection work is done without cost to you.
  • You get the whole merchant fee on all checks.
  • No part of the fee is kept by an outside collector.
  • Our entire fee is paid by the check-writer.
  • High collection percentage.

Toni Brown
Hot Checks Administrator
tbrown@co.anderson.tx.us
Direct Line: 903-723-7466
Fax: 903-723-7818