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Felony Check Intake

Before a check case can be forwarded to the felony division for intake, the complainant must provide a DETAILED STATEMENT containing the following information:

EVERYTHING THEY KNOW ABOUT THE PERSON WHO PASSED THE CHECK

  1. How they first met the Defendant. through advertisement, personal reference, etc.
  2. when they first met the Defendant
  3. where they first met the Defendant
  4. how long they have know the Defendant

PHYSICAL IDENTIFIERS OF THE DEFENDANT

  1. Driver’s License Number
  2. Date of Birth
  3. Age, sex, race

EVERYTHING SURROUNDING THE PASSING OF THE CHECK

  1. what SPECIFICALLY/EXACTLY was the check in payment for
  2. what discussions/negotiations, if any, surrounded the passing of the check
  3. who accepted the check
  4. who was present when the check was passed

ALL THE CIRCUMSTANCES SURROUNDING THE SUBSTANCE OF THE CONTRACTUAL AGREEMENT BETWEEN THE PARTIES

  1. did the Defendant accept the merchandise/service from the complainant
  2. did the Defendant ever return the merchandise or  make any complaints about the merchandise/service
  3. was the Merchant suppose to perform any work/service or deliver any merchandise in consideration of receiving the check

ALL THE CIRCUMSTANCES SURROUNDING THE MERCHANT’S ATTEMPT TO RECOVER THEIR MONEY

  1. did they send a 10 day demand letter, CERTIFIED MAIL
  2. did the Defendant respond in any manner… did he make partial payment or attempt to make a partial payment
  3. has there been any communication between parties since the check bounced…i.e., did the Defendant promise to make restitution and then not deliver

 

***ALSO ADVISE ALL MERCHANTS TO BRING ANY AND ALL PAPERWORK (COPIES) WITH THEM IN CONNECTION WITH THEIR CHECK CASES….CONTRACTS, WORK ORDERS, INVOICES, ETC.

Hays County