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How to File a Check with the DA's Office


If the check is an NSF (Insufficient Funds) check:

  • Send a certified letter to the person who signed the check, to the address listed on the check. Explain in the letter you will allow ten days to receive full payment before you turn the matter over to the DA’s office.
    • If you receive a green returned-receipt card in the mail, wait until the end of the ten-day period (from when the card was signed), then bring the green card and the original check to the DA’s office and we will provide you a form to complete.
    • If you receive the letter back with “Refused” stamped on it, you do not have to wait the full ten days. Bring the letter and the original check to the DA’s office when you get the letter back.

If the check was written on a Closed Account:

  • No notice to the hot check writer is required.
  • Bring the original check to the DA’s office and we will provide you a form to complete.

Check Fraud Information Form (àinfo form):

  • To avoid having to fill out the Theft-by-Check form at the DA’s office when you come in, you can download the Check Fraud Information form and already have it completed when you arrive at our office.
  • Our office only requires one copy of the form; however, we strongly suggest that you retain a copy for your personal records.
  • The form must be fully completed, and is a sworn affidavit which must be signed before a Notary Public. Make sure you have read and fully understand the facts to which you are swearing.

Check 21:

  • The Check Clearing for the 21st Century Act, commonly known as ‘Check 21,’ allows for the truncation of paper checks and authorizing substitute checks; this means that any bank or financial institution along the check processing line can truncate a check by replacing it with an imaged substitute check. In these cases, a Substitute Check from a bank is suitable in place of the original check.
  • In order to assist merchants with this additional charge, the District Attorney’s Office will begin collecting the merchant fee of $25.00 for all returned checks written on or after January 1, 2004.

 

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