A major jurisdiction of our court is the criminal act of Issuance of Bad Checks (IBC). Each year, many defective checks are written, and this criminal action has a significant negative impact on the lives and businesses of our community.
Issuance of Bad Checks
Issuances of Bad Check charges are class C misdemeanors and can be filed in the Justice of the Peace office. The check must be filed in the County and Precinct where it was passed.
Our office accepts checks returned from the bank marked NSF or account closed. Stopped payment checks must be filed as civil suits.
The bonds set on these checks are $500.00 for any check in the amount of $1.00 to $500.00. Each check marked NSF must be accompanied by a returned green card or unopened letter that was mailed certified or regular mail by the check recipient as an attempt to collect the debt before filing the check with the court.
An account-closed check can be filed without the proof of certified mail.
Each filing must be done by completing an
and signing it in front of a court clerk or notary public. The original check and certified mail proof (when applicable) must be filed with the affidavit.
Hot Checks Filed Against You
You need to contact your JP office as soon as possible concerning a hot check case filed against you.
If you wish to plead Not Guilty, you may also request trial by Judge or Jury. That choice is yours. You will need to fill out an
affidavit of forgery
form (obtained from your bank) if you are alleging that you did not write the check. You are not required to have an attorney in Court, but you may hire one if you wish. The District Attorney of Orange County will have an attorney present to prosecute the case against you. The trial will be set at a later date after your plea off NOT Guilty. The Judge is prohibited, by Law, from discussing your case with you unless you have pled guilty or no contest or the District Attorney is also present.
If you choose to go to Court, you are responsible for bringing all papers, pictures, and exhibits with you to the Court hearing. You may also contact the Court for information on how to subpoena witnesses.
Once you have been notified of a Bad Check case, restitutuion and fines must be paid at the JP Court.