Hot Check Program
As a result of merchants and citizens of Plaquemines Parish extending credit to individuals and companies by accepting checks for payment, and as a result of such checks being uncollectible due to “non-sufficient funds (NSF)” or “closed accounts”, the District Attorney’s Office operates a Hot Check Program. The purpose is to assist merchants and citizens in collecting funds due them, and in enforcing the applicable criminal laws.
The following documents explains how to file a “Hot Check” complaint with our office. Please read the instructions carefully. Before you contact our office with a hot check complaint you must send a “10 Day Demand Letter” and complete the “Affidavit of Criminal Complaint.”
Documents for Download
Files are available in both Adobe Acrobat and Microsoft Word format.
Adobe Acrobat Reader may be required to download PDF documents.
Please obtain a Checks Package from the Hot Check Program (or download the file above).
- You will need to provide the program with the original check that has been returned from the bank and has the proper bank processing stamps: NSF/ACCOUNT CLOSED/INSUFFICIENT FUNDS
- The check must have been accepted by you or your employee at a location in the Parish of Plaquemines.
- You must provide us with the name and address and telephone number of your employee who actually received the check and who must be willing to testify to those facts at trial. Checks received by mail cannot generally be prosecuted.
- The check must have been exchanged for goods and services actually provided by you to the check writer.
- Your employee must have collected proof of the check writer’s identification at the time of acceptance of the check, such as driver’s license information (a contemporaneous copy is preferred), birth date, and social security number.
- You must provide the program with a copy of the legally required “10 Day Demand Letter” as well as the original certified mail return receipt.
- Our hot check program will not accept a check for prosecution if you have entered into any agreements with the check writer concerning payment of the check, loan of the check amount or other financial transactions.
- Checks that will not be accepted by our hot check program include those issued as part of a loan agreement, those that have been pre- or post-dated, those involving transactions for other than goods and services, and those which have been “stopped” due to disagreements between the merchant and the check writer.
- Checks issued by a company or an individual in bankruptcy may require additional information to proceed with prosecution.
- Checks that are not accepted by our hot check program may still be prosecuted by other sections of the District Attorney’s office when sufficient proof of a criminal act exists.
FOR CHECK WRITERS
Intentionally writing one “worthless” check can constitute a crime punishable by imprisonment at hard labor. It is in your best interest to quickly resolve any payment issues you have with a merchant about a check you have written. Understand that once the Office of the District Attorney has received a worthless check for prosecution, in addition to the full amount of restitution due the merchant, you will also be required to pay the fines, fees, and court costs which accrue.
NOTE: Any payments made to the District Attorney’s Office, including those for worthless checks, must be made in the form of a money order. Our office cannot accept cash or personal checks.
Who do I contact?
Hot Check Program Coordinator