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HOT CHECK DEPARTMENT



Mailing address
Office of the Criminal District Attorney
ATTN: Hot Checks
219 N. 6th St., Suite. 200
Waco, Texas 76701
Phone 254-757-5022 Fax 254-757-5076

WEB SITE CAVEATS


The McLennan County Criminal District Attorney's Office has established this Web site as a source of information concerning the filing, collection and prosecution of hot checks and hot check offenses. The information provided is Public Information. It may be used by anyone for any purpose. However, it is your responsibility to exercise extreme care in using any information obtained at this Web site. The Criminal District Attorney, the Hot Check Department, McLennan County, and the State of Texas, their agents or employees shall not be responsible for errors or omissions produced by secondary dissemination of this information, or misuse of the forms or information provided.

ELECTRONIC FORM USE AGREEMENT

 

 

 

ELECTRONIC FORM USE AGREEMENT


IMPORTANT NOTICE: Before downloading this electronic version of the McLennan County Criminal District Attorney's Worthless Check and Theft Information and Affidavit, you must read all of the following very carefully. When you download and use the form you signify that you have read this agreement, understand it, and fully agree to its terms, and you swear or affirm and represent to the McLennan County Criminal District Attorney, to the Court in which the form may be filed, to all law enforcement officers, and to the public that the following statements are true and correct as applied to each check indicated on the form.

THE INFORMATION YOU PUT IN THIS FORM MAY LEAD TO THE ARREST AND PROSECUTION OF THE INDIVIDUAL NAMED ON THE FORM.

The following statements are true and correct, and are incorporated into the electronic McLennan County Criminal District Attorney's Worthless Check and Theft Information and Affidavit by reference, as if each statement were written therein in full.

"I, herein called "Affiant", have good reason to believe and do believe that the person named and described on the McLennan County Criminal District Attorney's Worthless Check and Theft Information and Affidavit, who is herein called the "Accused", on the date or dates indicated on the form, in McLennan County, Texas, did commit the criminal offense(s) of theft by issuing and passing a worthless check, namely did then and there intentionally and knowingly, unlawfully, without the effective consent of the owner, herein called the "Holder", with the intent to deprive the Holder, appropriate and obtain the property or service (or both) described, which was of a value equal to the amount of each check indicated, by issuing or passing the described check when the Accused knew that he or she did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance. Affiant has the authority to make this affidavit on behalf of the Holder. It is Affiant's desire that the Accused be prosecuted, and Affiant understands that if charges are filed a warrant will issue and the Accused may be arrested and placed in jail.

Further, it is the regular policy of the Holder or the Holder's business or activity to require identification, such as a drivers license, photo I.D., or the like, from every person presenting a check for payment for goods or services. If it is stated in the affidavit that the Affiant is the person who took the check, Affiant has personal knowledge of the facts pertaining to the check, including identification of the Accused. If someone other that Affiant took the check, that person is a credible employee of Holder with personal knowledge of all the relevant facts pertaining to the check, including identification of the Accused, and Affiant has received information concerning the check from that employee.

Information in the Affidavit may come from Holder's records that meet the following definition, and Affiant is a qualified witness concerning these records. "Records" means all of the Holder's records, memorandum, reports, or data compilation, including computer data, relating to acts, events, conditions, or opinions in the affidavit, which was made at or near the time the check was passed, and was made by or from information transmitted by a person with personal knowledge of the information. The records are kept in the regular course of Holder's regularly conducted organized activity, and it is the Holder's regular practice to make the records. The records are believed true and correct.

Affiant agrees and understands that the check or checks listed on the Affidavit and submitted to the McLennan County Criminal District Attorney's Hot Check Department become the property of the Criminal District Attorney's Office, and Affiant and Holder WILL NOT accept any payment thereon from any private individual or person, including the Accused, without the prior consent of the Hot Check Department. Affiant agrees to cooperate with law enforcement, Sheriff Deputies, Constables, Courts, and the Criminal District Attorney's Office in the prosecution and collection of this matter.

I DO SWEAR OR AFFIRM THAT the information submitted on and with the McLennan County Criminal District Attorney's Worthless Check and Theft Information and Affidavit is True and Correct to the best of my knowledge."

I have read,  understand and agree to the above information and wish to download the
ELECTRONIC FORM
 I want to return to the home page.
Review the electronic form instructions.

Page updated January 03, 2008
2000  DA