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Check Division

Check Division Guidelines |  Stop Payment Forms | Check Sight Order ComplaintCheck Division FAQs

A six-member task force created in 2004 and devoted to the investigation of identity fraud is housed within the Dallas County District Attorney’s Check Division. The task force is made up of four DA investigators and two Department of Public Safety investigators. Texas is second only to California in the number of identity theft victims annually. Last year, more than 26,000 Texans had their identities stolen.

The Check Division receives about 400 forgery claims a month. Many of the claims are related to hot check cases, but others result in identity theft or forgery charges being filed. The task force has already proved highly effective in locating leaders of local identity theft rings, seizing their equipment, and arresting and prosecuting the offenders.

In addition to identity theft investigation, our Check Division investigates and prosecutes theft by check and issuance of a bad check cases.

The checks division is located on the 11th Floor of the Frank Crowley Courts Building, 133 N.Riverfront Blvd. Dallas, Texas.
Contact: 214.653.3672

 

Payments should be made to:
Dallas County District Attorney’s Office
Attn:  Check Division
133 N. Riverfront Blvd., LB19
Dallas, TX 75207

Tips for protecting your identity and what to do if you are a victim: http://www.consumer.gov/idtheft/


Check Division Guidelines

Check Complaint Forms
Dallas County District Attorney’s Office
Guidelines for Filing Hot Check and Similar Sight Order Cases

The Check Division of the Dallas County District Attorney’s Office will accept for investigation complaints alleging that a person committed Theft or Theft of Service by issuing a check or similar Sight Order which the issuer’s bank refused to honor. A letter will be mailed to the issuer of the check or similar Sight Order requesting that he/she make restitution through our office. If restitution is not received, criminal charges may be filed against the issuer of the check or similar Sight Order only as defined below.

Sight Order Case Filings

Special Instructions for Sight Order case filings:

Legislation became effective September of 2013 that included provisions for prosecuting “Similar Sight Orders” in addition to returned checks.

Section 1.07 (46-a) of the Texas Penal Code defines sight orders:

TPC 1.07 (46-a) “Sight order” means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay.    The term includes a check, an electronic debit, or an automatic bank draft.

1.  Sight orders include electronic debit transactions and automatic bank drafts.  If the transaction was an electronic debit please provide the transaction information including: receipt of transaction, name of person on the account used for debit transaction, confirmation from banking institution of insufficient funds or refusal of banking institution to make payment.  This information must be included with the Complaint Affidavit.

2.  For automatic bank drafts in addition to information requested in item 1 also include the automatic bank draft authorization form used to setup automatic bank draft.  This information must be included with the Complaint Affidavit.

3.  The sight order must have been presented to the issuer’s bank within thirty (30) days of the date of the transaction.  Documentation from the recipient’s bank must show that payment was refused because:

A.  The issuer did not have sufficient funds on deposit with the bank to pay the sight order when it was issued (“Non-Sufficient Funds” or “NSF”); or

B.  The issuer did not have an account with the bank when the sight order transaction was issued. (“Account Closed” or “No Account Found”).

4.  If the sight order transaction was for payment of service and the transaction was suspended (stop payment) by the issuer, please complete the Stop Payment form and present it with the affidavit and other documents.  This will provide us with additional information so that a complete investigation can be conducted.  It is a defense to prosecution if payment on a sight order (automatic bank draft) is presented for payment before the authorized date(s).

5.  The issuer of the sight order must have been sent written notification via certified mail that payment was refused by the issuer’s bank.  The issuer must have failed to pay the holder of the sight order in full within ten (10) working days of receiving the written notification.

[Note: Notification is not required when the issuer did not have an account with the bank when the sight order was issued or the issuer put a stop payment on the sight order.]

The notification letter (demand letter) must contain the following statement:

“This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds.  If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.”

6.  The Check Division complaint form must contain adequate information to identify and locate the person who physically received the check or similar sight order from the issuer.  It must also contain adequate information to identify the issuer of the check or similar sight order. i.e., the issuer’s true date of birth and a verifiable state driver’s license or identification number.

[NOTE: The Check Division will not obtain this information for you.]

 

Instructions for Filing a Sight Order Complaint with the Dallas County Check Division

1.  Complete and notarize a separate D.A. Theft by Check or Similar Sight Order/ Issuance of a Bad or Similar Sight Order form for each transaction.

2.  Attach receipt of transaction, name of person on the account used for debit transaction, confirmation from banking institution of insufficient funds or refusal of banking institution to make payment.  For automatic bank drafts, also include the automatic bank draft authorization form used to setup automatic bank draft.

3.  Enclose the invoice, sales slip, or detailed description of property or services stolen.

4.  Enclose postal receipt showing that the issuer of the sight order was sent written notification via certified mail of the bank’s refusal to honor the sight order.

5.  Deliver or mail the complaint(s) to:

Dallas County District Attorney’s Office
Attn:  Check Division
133 N. Riverfront Blvd., LB19
Dallas, TX 75207

Hot Check Case Filings

1.  The check must have been exchanged for property or service which was provided at the same time the check was issued.  The check cannot be:

A.  Payment on an open or billed account.

B.  Payment on an outstanding loan.

C.  A replacement, held or post-dated check.

 

2.  The check must have been presented by the person who signed the check, in person, and in Dallas County.  The check cannot have been:

A.  Received through the mail.

B.  Passed by another party on behalf of the issuer.

C.  Accepted by an unknown employee, courier, or delivery person.

D.  A third-party check ( not written to the receiver)

 

3.  The check must have been presented to the issuer’s bank within thirty (30) days of the date it was issued.  Stamping on the check must show that payment was refused because:

A.  The issuer did not have sufficient funds on deposit with the bank to pay the check when it was issued (“Non-Sufficient Funds” or “NSF”).

B.  The issuer did not have an account with the bank when the check was issued (“Account Closed” or “No Account Found”).

C.  “Stop Payment” – (Must include the “Stop Payment Form”).

 

The Check cannot have been stamped “Refer to Maker”, “Uncollected Funds”, “Funds Unavailable,” “Unauthorized Signature”, “Lost/Stolen”, “Forgery”, or “Other”.

4.  The issuer of the check must have been sent written notification via certified mail that payment was refused by the issuer’s bank.  The issuer must have failed to pay the holder of the check in full within ten (10) working days of receiving the written notification.

[Note: Notification is not required when the issuer did not have an account with the bank when the check was issued or the issuer put a stop payment on the check.]

The notification letter (demand letter) must contain the following statement:

“This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds.  If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.”

5.  The Check Division complaint form must contain adequate information to identify and locate the person who physically received the check from the issuer.  It must also contain adequate information to identify the issuer of the check. i.e., the check writer’s true date of birth and a verifiable state driver’s license or identification number.

[NOTE: The Check Division will not obtain this information for you.]

 

Instructions for Filing a Hot Check Complaint with the Dallas County Check Division

1.  Complete and notarize a separate D.A. Theft by Check / Issuance of a Bad Check form for each check.

2.  Attach a legal copy or original check.

3.  Enclose the invoice, sales slip, or detailed description of property or services stolen.

4.  Enclose postal receipt showing that the issuer of the check was sent written notification via certified mail of the bank’s refusal to honor the check (for checks other than closed accounts and stop payment).

5.  Deliver or mail the complaint(s) to:

Dallas County District Attorney’s Office
Attn:  Check Division
133 N. Riverfront Blvd., LB19
Dallas, TX 75207

Special Instructions after filing a Complaint

Although the Check Division is not a collection agency, this office does collect restitution on behalf of the victims of check offenses.  Payments are made through the Check Division in the form of Money Orders or Cashier’s Checks.  In order to assist in the collection of restitution and the filing of any criminal case, the following special instructions must be heeded. 

PLEASE:

1.  Do not accept any restitution from a check writer after submitting a written complaint.  Refer any check writer to our office regarding restitution.

2.  Do not promise to drop any criminal charges if restitution is paid.  Promising to drop charges in exchange for money is a criminal offense (bribery) for which you may be prosecuted.

3.  Do not contact the Check Division regarding the arrest of the check writer.  The Dallas County Sheriff’s Office maintains and executes all arrest warrants.

4.  Contact the Check Division with any changes in regard to your address or telephone number.  Remember, we can’t pay you if we can’t find you.

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Frequently Asked Questions Regarding Checks

Q: How do I find out how much money I owe and what checks the District Attorney has for me in your office?

A: You will have to call our office.  The Check Division phone number is 214-653-3672.

Q: How do I make a payment? Do you take credit cards, debit cards, cash?

A: Payments can be made in person or by mail.
Our mailing address is:
Dallas County District Attorney’s Office
Attn:  Check Division
133 N. Riverfront Blvd., LB 19
Dallas, TX  75207

The Check Division accepts cashier checks and/or money orders, ONLY.  No cash, No credit cards and No debit cards

Q: I have paid my checks but there is still a warrant out for my arrest.  How do I take care of this?

A: You need to call our office. 214-653-3672. It is possible you could have a Theft By Check Charge or Court Costs and Fines due at a JP Court or a number of other reasons.

Q: How do I get on a payment plan?

A: You must appear in person and have a Drivers License or a state issue ID with your picture on it.

Q: I cannot make a payment this month, can I get an extension on my payment plan?

A: All payments are due on the 15th of each month unless otherwise noted when you came to get on the payment plan

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Check Division Guidelines |  Stop Payment Forms | Check Sight Order Complaint | Check Division FAQs