Show All Answers

1. Is it a theft or a bad check?

Under Penal Code Section 31.03 Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception. The key under the law is that the owner must give the merchandise at the time the check writer renders the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception. Again, the key under the law is that the owner must provide the service at the time the check writer renders the check. Penal Code Section 31.03 Theft

2. How can I minimize my business losses to bad checks?

• Never accept a check without checking and writing down the id of the person signing the check.


• Always be sure to compare the picture on the ID of the check writer to the person standing in front of you offering the check as payment.


• Never allow the check writer to tell you the ID number, always look at it yourself and record it carefully.


• Always obtain and verify a physical address for the check writer.

*If you file a complaint on the case with the District Attorney's Bad Check Division, you will be required to swear that the person who stood before you was the same person whose ID number you recorded.

3. How do I contact the District Attorney's Office?

Please visit the District Attorney's website for contact information.