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Hot Checks

The following procedures must be followed before checks can be submitted to the Blanco County Attorney’s office.

Checks presented to merchants must show the signer’s legible name, mailing address, telephone number, Texas Driver’s License number and/or official ID number, date of birth and any other pertinent information that will enable the County Attorney’s office to identify and locate the hot check offender.

Merchants should not accept TWO-PARTY OR OUT-OF-STATE checks.

 
Checks in the amount of $20.00 or less should be referred to the Justice of the Peace as listed below:

Honorable Randy Brodbeck
Justice of the Peace, Precinct #1
P. O. Box 405
Johnson City, Texas  78636
Telephone No. 830-868-4888


Honorable H. R. (Bob) Riley
Justice of the Peace, Precinct #4
P. O. Box 596
Blanco, Texas  78606
Telephone No. 830-833-4212


Checks greater than $1500.00 should be referred to the District Attorney’s office:
 

Honorable Wiley B. McAfee
District Attorney
33rd and 424th Judicial District
P. O. Box 725
Llano, Texas  78643
Telephone No. 325-247-5755

Checks should clearly show that the check was returned for “Insufficient Funds”, “Account Closed”, “Refer to Maker”, etc.

Checks that are stamped “Refer to Maker” should be referred back to signer of the check.

This office recommends that the merchant attempt to resolve the matter prior to contacting this office, if at all possible.  A sample “demand” letter is provided below which should be mailed in duplicate by regular mail and by certified mail.



Sample Demand Letter

Dear John Doe: 

This a demand for payment in full for a check drawn on (Name of Bank, City, State, Zip Code) dated (date of check) in the amount $_________________.  This check has been returned by the bank marked “Insufficient Funds”, “Account Closed”, etc.

Payment, in full, in the amount of $_______________, which includes a merchant’s fee in the amount of $30.00 per check, should be made within ten (10) days from receipt of this letter Total Due:  $_______________.  (Merchants may charge a fee of not more than $30.00 per check for postage and handling).

If you fail to make payment in full, this matter may be referred to the County Attorney’s Office.

Please forward hot checks and other related material to the following:

Honorable David A. Hall
Blanco County Attorney
P. O. Box 471
Johnson City, Texas  78636
Telephone No. 830-868-4447 

 



If a hot check writer should contact the merchant after the hot check has been forwarded to the County Attorney’s office, the merchant is to advise the hot check writer that they are to contact the County Attorney’s office to pay restitution for check(s) and any fees incurred.  The merchant should not accept any type of payment from the hot check writer after this time.

It is suggested that merchants instruct all their employees on proper check-cashing procedures.

The County Attorney’s office hopes that these instructions are helpful.  If should need any additional information, please feel free to contact this office at 830-868-4447.


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