How does the Prosecutor’s Office handle violations of the Hot Check law?
When the hot check office receives a check, a letter will be mailed out to the check writer giving them 10 days to pay for check or make arrangements to pay the check. If a check is not paid an arrest warrant will be issued for the individual who signed the check. The check writer will need to pay the restitution and appear in court.
I received a letter for a hot check how do I pay for the check?
The check will need to be paid with a money order or cashier’s cheek. Partial payments are not accepted. You can also pay the check online with a credit card. (web address)
Who can use the Hot Check Office?
Any merchant or citizen in Lonoke County, who receives a check that is stamped by the bank as insufficient or account closed.
I have received a bad check, what should I do?
The check must be presented to the bank for payment and stamped by the bank as to the reason for rejection. Fill out a Hot Check affidavit at the Lonoke County Prosecutor’s Office. (link to example) Do not accept any money on the checks that have been turned over. The check writers must pay through the Hot Check Office.
What steps can my business help avoid receiving a worthless or “Hot Check”?
Here are some things to look for when receiving a check:
- Require ID-a driver’s license is best. Compare the photo and signatures.
- Require date of birth.
- Make sure the signature is legible.
- Out-of-State business or banking facility should alert you.
- Require a physical address when presented with a P.O. Box.
- Make sure written and numerical amounts agree.
- Make sure the check is dated the same day you receive it.
- Have check limits.
- If in doubt, you do not have to take a check.
Can all checks that are returned, be prosecuted as a Hot Check?
The following checks are not prosecutable under Violation of Arkansas Hot Check Law:
- A stop-payment check.
- A post dated check.
- A check that is outside of the statute of limitations, one year if it is less than $500 and three years if over $500.
- A check on which partial payment has been received.
- A check given in exchange for a returned check.
- A check not presented to the bank within 30 days.
- A check given for payment on an account.
- A check that the merchant agrees to hold for any period of time.
- A two party check.
- Checks that are not written or passed in Lonoke County.
Are there any Hot Checks that are felonies?
Any bad check in excess of $500 is considered to be a felony offense. Several checks written within a 90 day period that total over $200 may constitute a felony.
What are other reasons that a check may be prosecutable than insufficient funds?
Some Checks may be prosecutable under other Statutes, i.e. forgeries, fraud, fraudulent stop payments, fraudulent contracting schemes, etc. Please contact the appropriate law enforcement agency and file a report if you feel another statute may apply.