Hot Checks
Meg Spatz
1710 Cannes Drive, LaPlace, LA
(985) 652-1716
Procedure when you have been given a worthless check
The check has to be presented to the bank and stamped NSF.
The holder of the check then needs to send a ten (10) day demand letter to the check writer. This has to be sent either certified or registered through the post office.
If after ten (10) days the maker has not made good on the check, we will need the following:
- The original check returned from the bank
- A copy of the demand letter
- The returned letter or green card from the post office
- Our worthless check information sheet
For additional information, sample demand letter or any questions you may have, please call Meg Spatz at (985) 652-1716 or stop by our office located at 1710 Cannes Drive, LaPlace, LA.
Procedure when a check has been turned over to our office
There is no fee due from the merchant when turning over a hot check.
When you bring a check into our office, it will be logged in, given a warrant number and a check will be done to see if offender has any other outstanding checks with our office.
If there are no pending cases, we will send the check writer a letter.
We will then issue an arrest warrant for the check writer. If the offender attempts to make the hot check good with you, please send them to our office so that we can close out the file.
The arrest warrant is turned over to our Sheriff’s Office for execution.
- When the offender has been arrested or given a summons to appear in court and restitution has been made, you will be subpoenaed for court.
- Last year our worthless check division collected over $50,000.00 for local merchants.
Establish a firm policy regarding cashing checks
Require valid information
- Makers PHYSICAL address (if PO Box is listed on check)
- Place of employment and phone number
- Complete date
- LA drivers license number or social security
- Date of Birth
Require check to be signed in the presence of the employee
Require identification and record this on the check
Checks to avoid
- Post dated checks
- Stop payment checks
- Two party checks
- A check more than a year old
- A check for which partial payment is made
- A check given in exchange for a returned check
We cannot prosecute those checks that appear under “Checks to Avoid”. All checks returned that are marked stolen and/or forgery checks need to be turned over to the Sheriff’s Office.
Post dated, stop payment and partial payment checks need to be filed with the Justice of the Peace.
Louisiana R.S. 14:71
Issuing Worthless Checks
Issuing worthless checks is the issuing, in exchange for anything of value, when contemporaneous or not, with intent to defraud, of any check, draft or other for money upon any bank or depository, knowing at the time of the issuing that not sufficient credit with the bank.
Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is five hundred dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.
When the amount of the check or checks is less than one hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has not been convicted of issuing worthless checks two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or be fined not more than one thousand dollars, or both.