Merchant Section
DID YOU KNOW?
· Filing a check with the County Attorney’s Hot Check Division is FREE.The Hot Check Division of the County Attorney’s Office will send any required notices for you.
· Our office has handwriting experts to examine handwriting when the person claims that his/her checks are forged.
· Our office has three clerical staff members that work checks full time.
· We will collect the $30.00 merchant fee on all checks
Even if the Hot Check Division cannot develop a prosecutable case from a hot check you submit, we will still attempt to collect restitution for you as well as the statutory merchant fee to which you are entitled. If the case is a prosecutable case and is filed in court for prosecution, we will require restitution and the merchant fee be paid as a condition of any plea bargain agreement or, if the court agrees, as a condition of probation if probation is granted to the offender by the court. The County Attorney’s Office will not dismiss a case solely because the offender pays restitution or because the victim wants to drop charges. Once filed, the criminal case will proceed as any other criminal case would. The Hot Checks Division and County Attorney Investigators attempt to contact those accused of theft by check in order to confirm the facts of the case and/or arrange a payment schedule. In many instances, the matter can be resolved and restitution made without a case being filed. If the person cannot be contacted or fails to follow an arranged payment schedule, then a warrant will be issued for their arrest.
Filing A Check
To File A Check For Collection and/or Prosecution By Our Office, Follow These Steps:
· Send the following Demand Letter demanding full payment within 10 days. You can get it here (Microsoft Word document).
· If unclaimed, wait 10 days to file your check.
· If claimed, wait 10 days after date signed.
II. ACCOUNT CLOSED
· No Notice Is Required
III. Filing Forms and Affidavit
· Below, you can print the affidavit that needs to be turned into the Hot Checks office.
Please make your choice of Adobe Acrobat or Microsoft Word.
AFFIDAVIT 
or 
· Fill the form out completely and accurately.
· The information must be LEGIBLE (NOTE: The PDF form can be filled out in your web browser and printed, if you prefer or simply print the blank form.)
· The Affidavit form must be notarized and can be mailed (NOTE: Due to the notary requirement, electronic submission is not permitted.)
IV. THE ORIGINAL CHECK OR THE BANK SUBSTITUTE LEGAL COPY MUST ACCOMPANY THE AFFIDAVIT.
Make a copy of the check for your records
IMPORTANT THINGS A MERCHANT SHOULD KNOW
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You should have a check acceptance policy consistent with the information provided on this website regarding accepting a check and a procedure for taking a check, and you should follow that policy consistently.
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The County Attorney’s Office cannot accept the following kinds of checks for prosecution:
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Post-dated or “hold” checks
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Checks presented outside Williamson County or for services performed outside Williamson County
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A check given as a substitute for another
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Checks altered or forged
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Checks given to pay a pre-existing debt
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Drafts, which are an extension of credit
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We do NOT accept RENT checks for collection. This is a civil matter that is handled by the Justice of the Peace.
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Be suspicious of :
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Starter checks
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Temporary, expired, or out-of-state driver’s licenses
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Department of Public Safety ID cards (intended for senior citizens and the disabled)
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Anyone who cannot produce a driver’s license
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Any variation between the information on the check, the ID produced and/or the check writer
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Always keep a copy of everything you send to the County Attorney’s Office, Hot Check Division.
PROCEDURES FOR TAKING A CHECK
· IS THE CHECK DATED TODAY?
o Post-Dated and Replacement Checks Should Not Be Accepted.
· IS THE SIGNATURE LEGIBLE?
o The checks should be signed in your presence.
o Print the name on business account checks if you cannot read the signature.
· IS THE ADDRESS COMPLETE?
o The check should contain a permanent street address, and home and work phone numbers.
· CAN YOU CONFIRM THE IDENTITY OF THE CHECK WRITER?
o An ID can be forged. If you are suspicious of photo identification, examine it carefully.
· DO WRITTEN AMOUNTS AND NUMBERS CORRESPOND?
· RECORD THE FOLLOWING INFORMATION:
o Driver's License Number (EVEN IF PRE-PRINTED)
o Date of Birth
o Expiration Date of License
o Initials of Clerk Accepting The Check
· WHY IS THE INFORMATION NEEDED?
o Recording the information convinces the jury that the check writer actually wrote the check.
o This information enables the County Attorney to obtain a warrant.
DO NOT rely on information on pre-printed checks nor on the check-writer providing or filling in the information himself. The person taking the check must verify the information by actually examining the identification in order to prove that the person identified on the check is the same as the person writing it.
What You Should Be Checking For:
1. Make sure the signature is the same as the printed name.
2. Make sure the number amount matches the written amount.
What You Should Be Recording:
DO NOT rely on information on pre-printed checks nor on the check-writer providing or filling in the information himself. The person taking the check must verify the information by actually examining the identification in order to prove that the person identified on the check is the same as the person writing it.
CORPORATE AND DBA CHECK
